The Break Lease Form is a crucial document in Australian residential tenancy management, designed to facilitate the formal process of early lease termination. It is utilized when tenants need to end their fixed-term lease before the agreed end date, whether due to personal circumstances, employment changes, or other valid reasons. The document incorporates requirements from relevant state/territory residential tenancy legislation, ensuring compliance with local laws while protecting the interests of both landlords and tenants. The form typically includes detailed information about the property, parties involved, financial obligations, notice periods, and property handover requirements. It serves as a legal record of the agreed termination terms and helps prevent potential disputes by clearly documenting all aspects of the early lease termination process.
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1. Property and Parties Details: Identification of the rental property address and all parties involved (tenant(s), landlord/agent)
2. Current Lease Information: Details of the existing lease agreement including start date, end date, and current rent amount
3. Termination Request: Formal request to terminate the lease, including proposed vacation date and reason for termination
4. Financial Obligations: Overview of break lease costs, remaining rent obligations, and bond arrangements
5. Tenant Responsibilities: List of tenant obligations regarding property condition, cleaning, and access for inspections
6. Declaration and Signatures: Formal declarations by all parties and space for signatures, dates, and witness details if required
1. Special Circumstances: Section for documenting exceptional circumstances (e.g., domestic violence, financial hardship) that may affect break lease terms
2. Property Marketing Consent: Optional agreement regarding property advertising and showing to prospective tenants during notice period
3. Forwarding Address: Section for tenant's new address details, used when tenant is relocating and needs to receive bond refund or final accounts
4. Third Party Guarantor Release: Section required only when the original lease includes a guarantor who needs to be released from obligations
1. Schedule A - Property Condition Report: Checklist for documenting the current condition of the property and any existing damage
2. Schedule B - Break Lease Fee Calculation: Detailed breakdown of all applicable fees and charges related to the lease termination
3. Schedule C - Handover Requirements: Detailed list of cleaning and maintenance requirements for property handover
4. Appendix 1 - Supporting Documentation: Space for attaching any relevant supporting documents (e.g., hardship evidence, employment transfer letters)
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