An Agreement To Cancel Lease is a critical document used when both landlord and tenant mutually agree to terminate their lease arrangement before the original end date. This document, governed by Canadian provincial tenancy laws, serves as a legal record of the termination agreement and protects both parties' interests. It becomes necessary in various situations, such as when a tenant needs to relocate for work, when a landlord plans to sell or renovate the property, or when both parties agree to end the tenancy for other reasons. The agreement includes essential details about the termination date, security deposit settlement, property inspection requirements, and mutual release of future obligations. It helps prevent future disputes by clearly documenting all agreed terms and ensuring compliance with relevant provincial legislation. This document is particularly important in Canadian jurisdictions where specific legal requirements must be met for lease terminations.
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1. Parties: Identifies the landlord and tenant(s) with their full legal names and addresses
2. Background: References the original lease agreement details including date, property address, and term
3. Definitions: Defines key terms used throughout the agreement
4. Mutual Agreement to Cancel: States the parties' mutual agreement to terminate the lease and specifies the termination date
5. Return of Security Deposit: Details the amount, timing, and method of security deposit return, less any agreed deductions
6. Property Inspection: Outlines the process and timing for final inspection of the property
7. Outstanding Obligations: Addresses payment of any remaining rent, utilities, or other charges
8. Release of Liability: Mutual release of future obligations under the lease
9. Keys and Access: Requirements for returning keys and vacating the property
10. Governing Law: Specifies that the agreement is governed by relevant provincial laws
11. Execution: Signature block and date of agreement
1. Forwarding Address: Section for tenant to provide forwarding address for deposit return and future correspondence - used when tenant is moving to a new location
2. Early Termination Fee: Details any agreed-upon fee for early termination - used when the cancellation includes a negotiated penalty
3. Personal Property: Addresses disposal or removal of any remaining tenant belongings - used when there are concerns about abandoned property
4. Damage Settlement: Details any agreed compensation for damages beyond normal wear and tear - used when damage to the property has been identified
5. References: Landlord's agreement to provide references - used when specifically requested by tenant
6. Confidentiality: Terms keeping the agreement and its terms confidential - used in sensitive situations or commercial contexts
1. Schedule A - Property Inspection Report: Detailed inspection report documenting the condition of the property at termination
2. Schedule B - Security Deposit Calculation: Itemized list of any deductions from security deposit
3. Schedule C - Outstanding Payments Schedule: Detailed list of any outstanding payments and their settlement
4. Appendix 1 - Original Lease Agreement: Copy of the original lease agreement being terminated
5. Appendix 2 - Photos: Photographic evidence of property condition (if applicable)
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