Article 2A — Leases · Section 2a-209
This section addresses the modification, rescission, and waiver of lease contracts under UCC Article 2A.
Source: U.C.C. § 2a-209
A lease may be modified, rescinded, or waived, in whole or in part, by agreement of the parties, but the agreement must be in writing if the modification, rescission, or waiver is to be enforceable under Section 2A-202.
UCC § 2a-209 allows parties to change the terms of a lease agreement. However, any significant changes must be made in writing to be enforceable.
A change to the terms of a lease agreement.
The act of canceling the lease agreement.
The voluntary relinquishment of a known right within the lease.
Example 1
A tenant and landlord agree to extend the lease for an additional year; this change must be documented in writing.
Example 2
If a landlord agrees to cut the rent by 20% for a period, this modification must be formally written to be enforceable.
Example 3
A tenant decides to waive their right to a certain maintenance service previously included in the lease; this waiver must also be in writing.