An Amended And Restated Lease is typically used when multiple amendments to an original lease have made the current agreement complex or unclear, or when substantial changes to the existing lease terms are required. This document type comprehensively restates all terms of the tenancy while incorporating new modifications, effectively replacing the original lease and all prior amendments. It's particularly valuable in U.S. commercial and residential real estate transactions where lease terms need significant updates while maintaining the original tenancy relationship. The document must comply with federal regulations such as the Fair Housing Act and Americans with Disabilities Act, as well as state-specific landlord-tenant laws and local ordinances. It typically includes detailed provisions about the premises, rent, term, maintenance obligations, and any special conditions that have evolved since the original lease.
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1. Parties: Identification of landlord and tenant with full legal names and addresses
2. Background: Reference to original lease and reason for amendment and restatement
3. Definitions: Key terms used throughout the lease agreement
4. Premises: Detailed description of the leased property
5. Term: Duration of lease, including commencement and expiration dates
6. Rent: Payment terms, amounts, and schedules
7. Security Deposit: Amount, terms, and conditions for return
8. Use of Premises: Permitted and prohibited uses of the property
9. Maintenance and Repairs: Responsibilities of landlord and tenant for property maintenance
10. Insurance: Required insurance coverage and obligations
11. Default and Remedies: Events of default and available remedies for both parties
12. Notices: Methods and addresses for official communications
13. Governing Law: Applicable law and jurisdiction
1. Green Building Provisions: Environmental standards and requirements for LEED-certified or environmentally committed properties
2. Operating Expense Pass-Through: Terms for passing through building operating expenses in commercial triple net leases
3. Subletting and Assignment: Terms and conditions for transferring lease rights to third parties
4. Parking: Specific provisions for parking rights and restrictions
5. Utilities: Allocation of utility responsibilities and payments
6. Alterations and Improvements: Terms for modifications to the premises
7. Option to Extend: Terms for lease extension rights
1. Floor Plans: Detailed drawings of leased premises
2. Rules and Regulations: Building or property specific rules
3. Rent Schedule: Detailed breakdown of rent payments and escalations
4. Work Letter: Specifications for tenant improvements and modifications
5. Operating Expense Definitions: Detailed list of includable and excludable expenses for commercial leases
6. Comparison Schedule: Schedule showing changes between original lease and amended version
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