Conclusion of an аddendum to a lease аgreement in Ukraine
An addendum is a legal tool used to amend an existing lease agreement. To ensure its legal validity, the following requirements must be observed:
- The addendum must be in written form, especially when modifying essential terms of the lease.
- The form of the addendum must match the original agreement: if the lease was notarized or registered with the state, the addendum must be as well.
- In the case of land leases, state registration of amendments is mandatory.
- The parties may specify the date the addendum comes into effect, provided it does not contradict the law.
- If proper form is not observed, the addendum may be declared invalid by a court.
How to сonclude an аddendum to a lease agreement: common grounds and amendments
The addendum must be justified and legally sound. The most common grounds for drafting an addendum include:
- Changing the term of the lease or early termination conditions
- Revising the rental amount or granting a rent holiday
- Clarifying or changing the subject of the lease (e.g., area or premises)
- Updating payment details or addresses of the parties
- Documented changes in circumstances — economic or force majeure
Risks of a lease addendum and how to avoid them
An improperly drafted addendum may lead to the following risks:
- The addendum will not be legally binding without the signatures of both parties
- Amendments that require registration and are not registered will be invalid
- If notarization is required and not performed, the addendum may be nullified
- Making amendments without sufficient justification may lead to disputes with the landlord
- One legal mistake can prevent lease renewal or become grounds for legal challenge
Legal support from the Legal Marketplace Consultant
Review of the current lease agreement to determine possibilities and form of amendments
Preparation of a legally correct addendum text
Consultation regarding state registration or notarization requirements
Assistance during the signing process and legal control over all formalities
Guarantee that the addendum complies with current legislation
ConclusionAn addendum to a lease agreement is a key instrument for lawfully amending contract terms. Proper drafting ensures safe and predictable legal relations between the landlord and the tenant. To minimize risks, contact the Legal Marketplace Consultant — we will prepare, verify, and support your addendum at every stage.