The Rental Termination Agreement is a crucial document used in Australian residential and commercial tenancy contexts when parties wish to formally end their lease arrangement. It's particularly important when terminating a lease before its scheduled end date, or when specific conditions need to be documented for the termination process. This agreement includes essential elements such as the termination date, property handover requirements, bond refund terms, and final utility arrangements. It ensures compliance with state-specific tenancy laws and provides legal protection for all parties involved. The document is commonly used by property managers, landlords, and tenants across Australia's different states and territories, each requiring specific provisions to meet local legislative requirements. It serves as a formal record of the agreed termination terms and helps prevent future disputes by clearly documenting all aspects of the lease termination.
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1. Parties: Identification of all parties to the agreement including the landlord/property manager and tenant(s)
2. Background: Context of the existing tenancy agreement, including original lease date, property address, and reason for termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Details: Specific details about the termination including the effective date and handover time
5. Property Condition: Requirements for the condition in which the property must be returned
6. Bond and Financial Settlement: Arrangements for the return of the security bond and settlement of any outstanding amounts
7. Keys and Access Devices: Requirements for returning all keys, access cards, and remote controls
8. Utilities and Services: Responsibilities for disconnection and final payments of utilities
9. Mutual Release: Mutual release of future claims and obligations related to the tenancy
10. Governing Law: Specification that the agreement is governed by Australian law
11. Execution: Signing provisions and execution details
1. Forwarding Address: Section for tenant to provide forwarding address for future correspondence and bond return - include when tenant is relocating
2. Outstanding Repairs: Details of any repairs needed or in progress - include when there are unresolved maintenance issues
3. Early Termination Fees: Details of any fees or penalties for early termination - include when the termination is before the end of a fixed term
4. Abandoned Property: Provisions for handling any tenant possessions left behind - include when there is risk of abandonment
5. Special Cleaning Requirements: Specific cleaning requirements beyond standard expectations - include for properties with special features or when required by the original lease
6. Third Party Obligations: Provisions relating to third parties such as guarantors - include when the original lease involved guarantors
1. Schedule 1 - Property Condition Report: Detailed report documenting the current condition of the property compared to its condition at the start of the tenancy
2. Schedule 2 - Outstanding Payments Schedule: Itemized list of any outstanding rent, utilities, or other payments due from either party
3. Schedule 3 - Inventory List: List of any furnishings or items included in the tenancy that need to be accounted for
4. Appendix A - Photographic Evidence: Photos documenting the property condition at termination
5. Appendix B - Cleaning Checklist: Detailed checklist of required cleaning tasks to be completed before handover
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