Michael So
New Member
- Jurisdiction
- Pennsylvania
Hi -
I have a commercial tenant that recently signed an amendment to their original lease. In their original lease, it states that any repairs/maintenance from the walls inward is there responsibility. The tenant recently contacted me for a repair and I dispatched my contractor for repair. When the bill came, the tenant refused to pay for the maintenance.
In the amendment to the lease, it cites the original lease as well as our intent to amend the original lease In the amendment, there is a paragraph "Entire Agreement: Modification" which states that the amendment contains all of the agreements of the parties hereto with respect to the subject matter hereof an no prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. This paragraph is followed by "Ratification: Amendment controlling" which states except and to the extent modified by this amendment the original lease is and shall remain binding upon the parties hereto and in full force and effect in accordance with its terms.
From my perspective, the amendment is to the original lease and it is pretty clear. However, the tenant believes that the "Entire Agreement: Modification" overrides the original lease. Any thoughts would be much appreciated.
I have a commercial tenant that recently signed an amendment to their original lease. In their original lease, it states that any repairs/maintenance from the walls inward is there responsibility. The tenant recently contacted me for a repair and I dispatched my contractor for repair. When the bill came, the tenant refused to pay for the maintenance.
In the amendment to the lease, it cites the original lease as well as our intent to amend the original lease In the amendment, there is a paragraph "Entire Agreement: Modification" which states that the amendment contains all of the agreements of the parties hereto with respect to the subject matter hereof an no prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. This paragraph is followed by "Ratification: Amendment controlling" which states except and to the extent modified by this amendment the original lease is and shall remain binding upon the parties hereto and in full force and effect in accordance with its terms.
From my perspective, the amendment is to the original lease and it is pretty clear. However, the tenant believes that the "Entire Agreement: Modification" overrides the original lease. Any thoughts would be much appreciated.