The Early Termination Of Commercial Lease Agreement is a crucial document used in the Netherlands when parties wish to formally end their commercial lease arrangement before the originally agreed termination date. This document becomes necessary when both landlord and tenant mutually agree to terminate their lease early, whether due to business restructuring, relocation needs, or other commercial circumstances. It must comply with Dutch Civil Code requirements, particularly regarding commercial property leases and termination notices. The agreement typically includes detailed provisions for the termination date, property handover conditions, final financial settlements, and mutual releases. It's essential for protecting both parties' interests and ensuring a clear, legally compliant pathway to early lease termination while preventing future disputes.
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1. Parties: Identification of the Landlord and Tenant with full legal names and addresses
2. Background: Reference to the original lease agreement, its date, and brief context for the early termination
3. Definitions: Key terms used throughout the agreement including 'Termination Date', 'Property', 'Original Lease', etc.
4. Mutual Agreement to Terminate: Clear statement of both parties' agreement to terminate the lease early
5. Termination Date: Specific date when the lease will terminate and the tenant must vacate
6. Property Return Conditions: Requirements for the condition in which the property must be returned
7. Final Settlement: Details of final rent payment, service charges, and utility settlements
8. Security Deposit: Arrangements for the return of the security deposit
9. Release of Obligations: Mutual release of future obligations under the original lease
10. Governing Law: Confirmation that Dutch law governs the agreement
11. Signatures: Execution blocks for all parties
1. Dilapidations Settlement: Used when there are specific arrangements regarding repair obligations or compensation for damage
2. Handover Protocol: Include when specific handover procedures need to be documented
3. Third Party Confirmations: Required when guarantors or other third parties need to consent to the termination
4. Outstanding Works: Include when there are incomplete maintenance or improvement works to be addressed
5. Key Return Protocol: Used when specific arrangements for returning keys, access cards, or security devices are needed
6. Surviving Provisions: Include when certain provisions of the original lease need to survive termination
1. Schedule 1 - Original Lease: Copy or summary of the original lease agreement
2. Schedule 2 - Property Inventory: Current inventory and condition report of the property
3. Schedule 3 - Settlement Calculations: Detailed calculations of final payments and adjustments
4. Schedule 4 - Handover Checklist: List of items to be checked during property handover
5. Appendix A - Photographic Evidence: Photos documenting the property's condition
6. Appendix B - Utility Readings: Final utility meter readings and associated documentation
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