The Landlord Tenant Agreement To Terminate Lease is a crucial document used when both parties agree to end a lease agreement before its original termination date or to formally document the end of a periodic tenancy in Germany. This agreement is governed by the German Civil Code (Bürgerliches Gesetzbuch - BGB) and must comply with specific requirements of German tenancy law. It is particularly useful in situations where an amicable early termination is desired, helping prevent future disputes by clearly documenting the agreed terms of lease termination, property handover requirements, deposit return conditions, and final settlement of accounts. The document serves both residential and commercial tenancies and provides legal certainty for all parties involved in the termination process.
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1. Parties: Identification of the landlord and tenant with full legal names and addresses
2. Background: Details of the existing lease agreement including its date, property address, and any relevant registration details
3. Definitions: Definition of key terms used in the agreement
4. Termination Agreement: Explicit mutual agreement to terminate the lease and the effective termination date
5. Property Handover: Specific date and process for returning the property, including key handover arrangements
6. Security Deposit: Agreement on the handling and return of the security deposit, including timeline and conditions
7. Final Payments: Details of any final rent payments, utilities, or other charges up to the termination date
8. Property Condition: Requirements for the condition in which the property must be returned
9. Release of Obligations: Mutual release of future obligations under the original lease agreement
10. Governing Law: Confirmation that the agreement is governed by German law
11. Signatures: Space for dated signatures of all parties
1. Forwarding Address: Section for tenant's new address for future correspondence and deposit return - include if tenant is moving to a known address
2. Renovation Requirements: Specific renovation or repair requirements - include if there are specific cosmetic repairs or renovations agreed upon
3. Utilities Transfer: Process for transferring or terminating utility contracts - include if utilities are in tenant's name
4. Outstanding Claims: Settlement of any existing disputes or claims - include if there are any unresolved issues
5. Early Termination Fee: Any agreed compensation for early termination - include if the termination is before the original lease end date
1. Schedule 1 - Property Inspection Checklist: Detailed checklist for final property inspection
2. Schedule 2 - Utility Meter Readings: Form for recording final utility meter readings
3. Schedule 3 - Inventory List: List of any fixtures and fittings to be checked during handover
4. Appendix A - Photographic Evidence: Space for attaching dated photographs of property condition
5. Appendix B - Handover Protocol: Detailed protocol for the physical handover process to be completed on moving day
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