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Termination Of Lease And Surrender Agreement Template for Germany

A legally binding agreement under German law (governed by the German Civil Code - BGB) that formally documents the mutual agreement between a landlord and tenant to terminate an existing lease agreement before its scheduled end date. The document outlines the specific terms and conditions for early termination, including the agreed termination date, property surrender requirements, settlement of outstanding payments, and return of security deposits. It incorporates detailed provisions for property inspection, documentation of condition, and the process for final handover, ensuring compliance with German property law requirements and protecting both parties' interests in the termination process.

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What is a Termination Of Lease And Surrender Agreement?

The Termination of Lease and Surrender Agreement is a critical document used in German property law when parties wish to formally end a lease agreement before its natural expiration date. This document is essential in both residential and commercial contexts, providing legal certainty and protection for both landlords and tenants under German law. It details the specific terms for early termination, incorporating requirements from the German Civil Code (BGB), particularly sections 535-562 regarding lease agreements. The agreement typically includes comprehensive provisions for property surrender, final payments, security deposit return, and mutual releases. It's particularly important when parties need to document deviations from standard notice periods or when specific surrender conditions need to be agreed upon. The document helps prevent future disputes by clearly outlining all termination and surrender obligations, making it a crucial tool in German property management and real estate practices.

What sections should be included in a Termination Of Lease And Surrender Agreement?

1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and any registration details for legal entities

2. Background: Details of the existing lease agreement including date of execution, property address, and reference to any relevant amendments

3. Definitions: Key terms used throughout the agreement including 'Termination Date', 'Property', 'Lease Agreement', and 'Surrender Requirements'

4. Termination Agreement: Mutual agreement to terminate the lease, specifying the termination date and acknowledgment that this supersedes any notice requirements in the original lease

5. Surrender Requirements: Detailed conditions for returning the property, including cleaning, repairs, and restoration requirements

6. Security Deposit: Arrangements for the return of the security deposit, including timing and any deductions

7. Final Payments: Settlement of any outstanding rent, utilities, or other charges up to the termination date

8. Release of Claims: Mutual release of claims related to the lease agreement, subject to compliance with the surrender requirements

9. Governing Law: Confirmation that the agreement is governed by German law and jurisdiction

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Termination Of Lease And Surrender Agreement?

1. Renovation Works: Details of any specific renovation or restoration works required, used when the property requires significant repairs or modifications before surrender

2. Disputed Items: Resolution of any disputed items or damage claims, included when there are pre-existing disputes about property condition

3. Handover Inspection: Specific arrangements for property inspection and handover process, used when a formal inspection protocol is required

4. Third Party Rights: Provisions regarding subtenants or other third parties with rights to the property, included when relevant

5. Insurance: Provisions regarding maintenance of insurance until final surrender, used for commercial properties or when specific risks exist

6. Keys and Access Devices: Detailed inventory and return requirements for keys, access cards, and remote controls, used for properties with complex access systems

What schedules should be included in a Termination Of Lease And Surrender Agreement?

1. Schedule 1 - Property Inventory: Detailed inventory of fixtures, fittings, and equipment to be surrendered with the property

2. Schedule 2 - Condition Report: Current condition of the property and noted defects or damage

3. Schedule 3 - Surrender Requirements Checklist: Detailed checklist of all cleaning, repair, and restoration requirements

4. Schedule 4 - Utility Accounts: List of utility accounts and services to be terminated or transferred

5. Schedule 5 - Outstanding Payments: Detailed calculation of final payments including rent, utilities, and other charges

6. Appendix A - Photographic Evidence: Photos documenting the current condition of the property

7. Appendix B - Handover Protocol Form: Template for recording the final inspection and handover of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Cost

Free to use

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