The Early Release Tenancy Agreement serves as a crucial legal instrument in Malaysian property law, designed to facilitate the premature termination of existing lease arrangements. This document becomes necessary when either the landlord or tenant requires an early exit from their tenancy obligations due to various circumstances such as relocation, financial changes, or mutual agreement to end the lease. It provides a structured framework for managing the early termination process, ensuring all parties' rights are protected under Malaysian jurisdiction. The agreement typically includes detailed provisions for financial settlements, property handover procedures, and the mutual release of obligations, while ensuring compliance with local property laws and regulations. It's particularly valuable in both residential and commercial contexts where flexibility in tenancy arrangements is required.
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1. Parties: Identification and details of the landlord and tenant
2. Background: Context of the original tenancy and reasons for early release
3. Definitions: Key terms used throughout the agreement
4. Early Release Terms: Specific conditions and timing of the early termination
5. Financial Settlement: Details of any payment adjustments, deposit returns, and final settlements
6. Handover Requirements: Conditions for returning the property and required state of premises
7. Release and Discharge: Mutual release from obligations under the original tenancy agreement
8. Governing Law: Confirmation of Malaysian law application and jurisdiction
9. Execution: Signature blocks and execution formalities
1. Outstanding Repairs: Used when there are specific repair obligations to be addressed before release
2. Utility Settlements: Include when there are complex utility payment arrangements to be resolved
3. Third Party Notifications: Required when there are obligations to notify property management, insurers, or other relevant parties
4. Future Reference: Optional section for landlord's agreement to provide reference for future tenancies
5. Surviving Obligations: Used when certain obligations from the original agreement need to survive the early release
1. Schedule 1 - Property Details: Detailed description of the property and any included fixtures/fittings
2. Schedule 2 - Financial Statement: Breakdown of all financial settlements, including rent, deposits, and any deductions
3. Schedule 3 - Handover Checklist: Detailed list of items to be checked during property handover
4. Schedule 4 - Original Tenancy Agreement: Copy or reference to the original tenancy agreement being terminated
5. Appendix A - Property Condition Report: Current condition of the property and any noted damages or wear and tear
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