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What is a Lease Termination Agreement?

If you’ve ever found yourself in a situation where you needed to get out of a binding lease, you’ve probably discovered the murky and often confusing legal waters that come with this area of ​​the law. Not only do you need to have a lease termination agreement that satisfies both tenant and renter, but you also need to have a thorough understanding of the original lease in order to work from it. Let’s take a look at some of the finer points of a lease termination agreement.

In short, a lease termination agreement is a legal agreement entered into by both the tenant and the landlord that outlines the fact that the original lease is being terminated early and sets forth the terms of that decision. Often, there are lease termination fees that must be included in the final agreement, as well as any other mutually agreed-upon terms or conditions.

It is extremely important to note that the laws governing lease termination agreements differ from state to state. We’ll take a look at some general tips for creating a lease termination agreement in the state of California, but it’s absolutely vital that you read and understand the laws in your own neighborhood state before drafting a legally binding agreement like this. Being aware of the laws in your particular state will help speed up this process significantly.

Typically, at the beginning of any lease termination agreement, the general legal and financial terms of the original lease will need to be outlined. In this section, you should make sure you have the legal names of both the landlord and the tenant listed on the lease and give a general summary of how long the original lease was signed, how long both parties had been on the lease before of decided to terminate the contract and any other relevant information that is present in the original lease.

The next section of the lease will state that the original lease has been terminated and the reasons why the original terms have been terminated. This is often the most complicated and difficult part of the agreement to write, as the story of why the lease should be terminated is often different depending on the story you hear. In most cases, both landlord and tenant will have a somewhat positive relationship for the agreement to be drawn up in the first place. A truly contentious landlord-tenant relationship will usually end in court, not with a lease termination agreement.

The next part of the agreement is a summary that will cover any and all fees that must be paid in order for the lease to be terminated. You need to be very careful with your language here, as this is the part of the agreement that relates directly to financial matters and can be disputed if it is not written in an ironclad manner.

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