§ 25-2A-208. Modification, rescission, and waiver.

153 words·~1 min read·/nc/chapter-25/25-2a-208

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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lease agreement that excludes modification or rescission except by a signed record shall not be otherwise modified or rescinded, but, except as between merchants, this requirement on a form supplied by a merchant shall be separately signed by the other party.

(c)Although an attempt at modification or rescission does not satisfy the requirements of subsection

(b)of this section, it may operate as a waiver.

(d)A party that 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. (1993, c. 463, s. 1; 2025-25, s. 128.)