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I need to alter a lease agreement to say that there is not going to be a security deposit. I need help...?


Making it sound professional. The previous section says this: Security Deposit. SHAW will deposit with LEA upon signing of this Agreement $8,000.00 as security for the performance of SHAW鈥檚 obligations under this Agreement, including without limitation the surrender of possession of the Subleased Premises to LEA as herein provided. No interest shall be due on the security deposit, which LEA may commingle with its other funds. If LEA applies any part of the deposit to cure any default of SHAW, SHAW shall on demand deposit with LEA the amount so applied so that LEA shall have the full deposit on hand at all times during the term of this Agreement. In the event SHAW shall fully and faithfully comply with the conditions of this Agreement, the security deposit shall be returned to SHAW within 30 days of the expiration or other termination of the Term.

But now I need to change it to pretty much say that there isn't going to be a security deposit or that it's going to be waived. :)

Security Deposit. LEA shall not demand a security deposit or any payment of money by the lessee in exchange for a promise of return of the money by the lessor upon the happening of certain conditions. Any such requirement for a security deposits is hereby waived by LEA.

EDIT: "Brian A" is completely wrong. Should you not address it, it is an avenue for argument by the other side. Any ambiguity opens the door for evidence presented outside the 4 corners of the contract to show there were collateral or additional agreements outside of it.

You may also want to make sure there is a merger clause in the lease stating it constitutes the entire agreement between the parties--e.g.:

"This Agreement contains the entire agreement between the LEA and SHAW relating to the transactions contemplated by this Lease and supersedes all previous understandings and agreements between them. Any future modification to this lease agreement will not be binding unless in writing, signed and delivered by the party to be bound."

THIS IS NOT LEGAL ADVICE. I WOULD CONSULT AN ATTORNEY THAT CAN REVIEW THE ENTIRE AGREEMENT FOR YOU. GOOD LUCK

You just remove the whole security deposit section. No need to mention something that doesn't exist.

qb's right, you should also state specifically that SHAW will not be giving LEA all of its employees first born children because you never know how they might try to sneak that in later.

I would agree though that modifying a contract without an attorney to review it would be imprudent.

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