The Early Lease Termination Agreement is essential when parties wish to end a lease agreement before its scheduled expiration date under Dutch law. This document is commonly used in situations where both landlord and tenant mutually agree to terminate their lease relationship early, whether for residential or commercial properties. It ensures compliance with Dutch rental regulations, particularly the requirements set forth in the Burgerlijk Wetboek (Dutch Civil Code), while providing clear terms for the termination process. The agreement covers crucial aspects such as the agreed termination date, property handover conditions, final payments, and utility settlements. It's designed to prevent future disputes by clearly documenting the terms of separation and mutual releases, making it an important tool for property managers, landlords, and tenants in the Netherlands.
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1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and registration numbers if applicable
2. Background: Brief description of the existing lease agreement, its key terms, and the circumstances leading to early termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date: Specific date when the lease will terminate and confirmation of mutual agreement to this date
5. Handover Requirements: Conditions for returning the property, including cleaning, repairs, and restoration requirements
6. Final Inspection: Process and timing for the final property inspection
7. Settlement of Payments: Details of final rent payment, utility bills, and any pro-rata calculations
8. Release of Obligations: Mutual release of future obligations under the original lease agreement
9. Governing Law: Confirmation that the agreement is governed by Dutch law
10. Signatures: Execution section for all parties
1. Security Deposit: Terms for the return of the security deposit, including deductions if applicable. Include when a security deposit was part of the original lease
2. Outstanding Repairs: Details of any repairs required before termination. Include when there are specific repair requirements or damage to address
3. Early Termination Fee: Any agreed compensation for early termination. Include when parties agree on a termination fee
4. Utilities Transfer: Process for transferring or terminating utility contracts. Include when utilities are in tenant's name
5. Forwarding Address: Tenant's new address for future correspondence. Include when needed for deposit return or final bills
6. Outstanding Claims: Settlement of any existing disputes or claims. Include when there are unresolved issues between parties
1. Schedule 1 - Original Lease Agreement: Copy of the original lease agreement being terminated
2. Schedule 2 - Property Inventory: Current inventory and condition report of the property
3. Schedule 3 - Payment Settlement Calculation: Detailed calculation of final payments, including pro-rata rent and utilities
4. Schedule 4 - Handover Checklist: Detailed list of requirements for property handover
5. Appendix A - Photographic Evidence: Current photographs of the property condition
6. Appendix B - Utility Readings: Final utility meter readings and associated documentation
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