The Tenancy Agreement Breaking Lease is essential when parties wish to formally terminate a lease agreement before its natural expiration in India. This document becomes necessary when either the tenant needs to vacate early or when both parties mutually agree to end the lease prematurely. It must comply with the Transfer of Property Act, 1882, and state-specific Rent Control Acts, which vary by jurisdiction within India. The agreement typically includes provisions for the termination date, financial settlements, property handover procedures, and mutual release clauses. It's particularly important as it provides legal protection for both parties and helps prevent future disputes by clearly documenting the terms of the early termination. The document should be properly executed and, depending on the original lease duration and local requirements, may need to be registered with appropriate authorities.
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1. Parties: Identification of the Landlord and Tenant with complete details including names, addresses, and contact information
2. Background: Reference to the original lease agreement including its date, term, and property details
3. Definitions: Definitions of key terms used in the agreement including 'Termination Date', 'Security Deposit', 'Property', etc.
4. Early Termination Agreement: Clear statement of mutual agreement to terminate the lease before its original end date
5. Termination Date: Specific date when the lease will terminate and tenant will vacate the property
6. Final Settlement: Details of all financial settlements including rent, security deposit, and any other payments
7. Handover Procedure: Process and requirements for returning the property to the landlord
8. Mutual Release: Release of both parties from future obligations under the original lease
9. Governing Law: Specification that the agreement is governed by Indian law and relevant state regulations
10. Execution: Signature blocks and execution details for all parties
1. Repairs and Maintenance: Used when specific repairs or maintenance issues need to be addressed before handover
2. Utility Bills Settlement: Include when there are pending utility bills or transfer requirements
3. Forwarding Address: When tenant needs to provide a forwarding address for future correspondence
4. Key Return: When specific key return procedures need to be documented
5. Third Party Notifications: When certain third parties (like housing society) need to be notified of the termination
6. Property Marketing: When arrangements for showing the property to new tenants need to be included
1. Schedule A - Property Condition Report: Detailed description of the property's current condition and any damage
2. Schedule B - Settlement Calculation: Detailed calculation of final settlement including rent, deposits, and deductions
3. Schedule C - Inventory List: List of fixtures and fittings provided with the property
4. Schedule D - Utility Readings: Final readings of electricity, water, and gas meters
5. Schedule E - Handover Checklist: Checklist of items to be completed before property handover
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