The Agreement To End Tenancy is a crucial document in New Zealand's residential property sector, used when both landlord and tenant mutually agree to terminate a tenancy outside of the standard notice periods or fixed term end dates. This document becomes necessary in various situations, such as when a tenant needs to relocate unexpectedly, when a landlord and tenant agree to end a fixed-term tenancy early, or when parties wish to formally document the end of a periodic tenancy. The agreement must comply with the Residential Tenancies Act 1986 and typically includes essential details such as the termination date, final rent calculations, bond refund arrangements, property inspection requirements, and the process for returning keys. It serves as a legal record of the termination terms and helps prevent future disputes by clearly outlining each party's rights and responsibilities during the termination process.
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1. Parties: Details of the landlord/property manager and tenant(s), including full legal names and contact information
2. Background: Brief context about the existing tenancy agreement, including property address, original start date, and reason for early termination
3. Definitions: Key terms used in the agreement including 'Property', 'Tenancy Agreement', 'Termination Date', and 'Final Inspection'
4. Agreement to Terminate: The mutual agreement to end the tenancy and the specified termination date
5. Final Rent and Utilities: Details of final rent payment, utility bills settlement, and payment arrangements
6. Bond Refund: Agreement on how and when the bond will be refunded, including any deductions if applicable
7. Property Condition and Inspection: Requirements for the property condition upon vacancy and arrangements for final inspection
8. Keys and Access: Arrangements for returning keys and final access to the property
9. Execution: Signing section including date and signatures of all parties
1. Abandonment of Property: To be included when there needs to be agreement on handling any tenant possessions left behind
2. Forwarding Address: Include when specific arrangements are needed for future correspondence or bond return
3. Maintenance and Repairs: Include when there are specific maintenance or repair issues that need to be addressed before termination
4. Breaking Fixed Term: Include when the agreement is terminating a fixed-term tenancy early, including any agreed compensation
5. Dispute Resolution: Include when parties want to specifically outline process for resolving any post-termination disputes
1. Property Condition Report: Checklist and description of the property's current condition to be used for final inspection
2. Outstanding Payments Schedule: Detailed list of any outstanding rent, utilities, or other payments due
3. Bond Deductions Schedule: Itemized list of any agreed deductions from the bond
4. Photographic Evidence: Dated photographs of the property's condition (if applicable)
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