§ 10208 Lease Modification Requirements

Commercial Code·California

AI SummaryVerified

This law says you can change a lease agreement without giving something extra in return. But if the lease says changes must be in writing, you have to follow that rule.

Key Takeaways

•You can change a lease without trading something extra (like money or favors).
•If the lease says changes must be in writing, you have to follow that rule—just talking about it isn’t enough.
•If someone ignores a rule in the lease (like allowing late rent), they can later say ‘no more’ unless it would be unfair to the other person.

Example

You rent an apartment and your landlord says you can now pay rent late without a fee.

Even if the lease says nothing about late fees, this change is allowed. But if the lease says all changes must be in writing, the landlord can’t just tell you—it has to be on paper.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 10208 Lease Modification Requirements

(a) An agreement modifying a lease contract needs no consideration to be binding. (b) A signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party. (c) Although an attempt at modification or rescission does not satisfy the requirements of subdivision (b), it may operate as a waiver. (d) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver. (Amended by Stats. 2023, Ch. 210, Sec. 80. (SB 95) Effective January 1, 2024.)

Last verified: January 10, 2026

Key Terms

lease contract modification rescission waiver retraction

References

Official text at leginfo.legislature.ca.gov
California Legislature. Commercial Code. Section 10208.

§ 10208 Lease Modification Requirements

Commercial Code·California

AI SummaryVerified

§ 10208 Lease Modification Requirements

This law says you can change a lease agreement without giving something extra in return. But if the lease says changes must be in writing, you have to follow that rule.

Key Takeaways

•You can change a lease without trading something extra (like money or favors).
•If the lease says changes must be in writing, you have to follow that rule—just talking about it isn’t enough.
•If someone ignores a rule in the lease (like allowing late rent), they can later say ‘no more’ unless it would be unfair to the other person.

Example

You rent an apartment and your landlord says you can now pay rent late without a fee.

Even if the lease says nothing about late fees, this change is allowed. But if the lease says all changes must be in writing, the landlord can’t just tell you—it has to be on paper.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 10208 Lease Modification Requirements

Last verified: January 10, 2026

Key Terms

lease contract modification rescission waiver retraction

References

Official text at leginfo.legislature.ca.gov
California Legislature. Commercial Code. Section 10208.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References