San Jose California Amendment and Waiver of Surface Lease Rental Agreement is a legal document used to modify or adjust the terms and conditions of an existing surface lease rental agreement in the city of San Jose, California. This agreement is typically entered into between a landlord (lessor) who owns the land and a tenant (lessee) who wishes to use the surface of the land for various purposes, such as commercial or residential activities. The purpose of this amendment and waiver is to allow both parties to make changes to the original lease agreement without having to terminate the entire agreement. It provides a way to update the terms of the lease, such as rent payment, lease duration, or any other specific clauses, to accommodate changing circumstances or needs of the parties involved. This San Jose California Amendment and Waiver of Surface Lease Rental Agreement may include various types or variations based on specific situations. Some common types include: 1. Rent Adjustment Amendment: This amendment focuses on modifying the rental amount specified in the original lease agreement. It may involve increasing or decreasing the rent based on factors such as market conditions, inflation, or changes in property value. 2. Duration Extension Amendment: This type of amendment allows for extending the lease duration beyond the original term specified in the lease agreement. It can be useful when the tenant requires additional time to achieve their objectives or when the landlord wants to maintain a long-term partnership. 3. Change of Terms Amendment: This amendment encompasses any changes to the terms and conditions other than rent and duration. It may cover modifications to the permitted use of the land, maintenance responsibilities, or any other relevant clauses that both parties agree to adjust. 4. Sublease or Assignment Amendment: In some cases, the tenant may wish to sublease or assign their rights and obligations under the original lease to another party. This type of amendment outlines the terms and conditions for the subtenancy or assignment process and the landlord's consent. Regardless of the specific type, a San Jose California Amendment and Waiver of Surface Lease Rental Agreement should always be drafted in accordance with applicable state and local laws and should clearly state the changes being made to the original lease agreement. It is crucial for both parties to review and negotiate the terms before signing to ensure their respective rights and interests are protected.