Lease termination agreement

A landlord and tenant agree to end a lease before its term is up, on a date and terms they both accept. Fill in the date and the money, send one link, and the other side signs.

An agreement by which a landlord and tenant end an existing lease before its natural end. It sets the termination and move-out date, any fee the tenant pays for the early release, rent owed through the termination date, how the security deposit is handled, and releases both sides from further obligations once the tenant has moved out.

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What it covers

When to use it

What it does not do

Signing, witnesses and delivery

The agreement

Lease Termination Agreement

This Lease Termination Agreement (the "Agreement") is made between [Landlord name (as on the lease)] ("Landlord") and [Tenant name(s) (as on the lease)] ("Tenant"). Landlord and Tenant are parties to a lease dated [Date of the lease] for the premises at [Premises address] (the "Premises"), which would otherwise end on [Original lease end date] (the "Lease"). The parties wish to end the Lease early on the terms below. Landlord and Tenant are each a "Party" and together the "Parties".

1. Termination

The Lease, and Tenant’s right to occupy the Premises, terminate at 11:59 p.m. on [Termination and move-out date] (the "Termination Date"), instead of on the original end date. Until the Termination Date the Lease remains in full force and both Parties shall continue to perform it. This Agreement is not a notice to quit under any statute and is not a waiver of any breach that occurred before the Parties signed it, except as Section 6 provides.

2. Move-Out

On or before the Termination Date Tenant shall vacate the Premises with all occupants, remove all belongings and trash, leave the Premises clean and in the condition required by the Lease except for ordinary wear and tear, and return all keys, remotes, garage openers and access devices to: [Keys returned to]. Tenant’s forwarding address for the deposit statement and any other notice is: [Tenant forwarding address]. Property left in the Premises after the Termination Date is deemed abandoned and Landlord may dispose of it as the law of the State of [Governing law (state)] allows, after any notice that law requires.

3. Rent and Termination Fee

Rent under the Lease has been paid through [Rent has been paid through]. Tenant shall pay Landlord the remaining rent through the Termination Date, being [Rent still owed through the termination date (or $0)], and an early termination fee of [Early termination fee (or $0)] (the "Termination Fee"), both on or before [Fee and final rent due by]. The Termination Fee is agreed consideration for Landlord’s release of Tenant from rent for the balance of the original term and for Landlord’s re-renting costs, and is not a penalty. Tenant shall also pay any utility or other charge under the Lease accrued through the Termination Date. Once these amounts are paid and Tenant has vacated as Section 2 requires, Tenant owes no further rent, and Landlord’s re-renting of the Premises at any rent does not create any claim by either Party against the other.

4. Security Deposit

Landlord holds a security deposit of [Security deposit held] (the "Deposit"). The Deposit will be: [Security deposit will be]. Within [Deposit statement and balance sent within (days)] days after the Termination Date, or such shorter period as the law of the State of [Governing law (state)] requires, Landlord shall send to Tenant’s forwarding address a written itemized statement of any amounts applied or deducted from the Deposit together with any balance owed to Tenant. Lawful deductions are limited to unpaid rent and charges, the cost of repairing damage beyond ordinary wear and tear, cleaning needed to restore the Premises to their condition at move-in, and any amount this Agreement expressly allows. If the Deposit is forfeited under this Section, it is treated as applied to the Termination Fee first, and Landlord shall still account for it in writing to the extent the law requires.

5. Condition; Inspection

Landlord may inspect the Premises on the Termination Date, or within three (3) days after Tenant vacates, and Tenant may attend. Where the law of the State of [Governing law (state)] gives Tenant a right to a pre-move-out inspection, Landlord shall offer one on request. The Parties shall compare the Premises to any move-in inspection record and note any damage in writing. Tenant remains liable for damage beyond ordinary wear and tear discovered within the deposit accounting period, whether or not noted at the inspection, to the extent the Lease and the law allow.

6. Mutual Release

Effective when Tenant has vacated as Section 2 requires and paid every amount due under Section 3, Landlord releases Tenant, and Tenant releases Landlord, and each releases the other’s agents, employees, successors and assigns, from every claim, demand, obligation and liability arising out of the Lease or Tenant’s occupancy of the Premises, whether known or unknown, that arose on or before the Termination Date. If the law of the State of [Governing law (state)] restricts the release of unknown claims, each Party waives the benefit of that restriction to the extent it lawfully can.

The following survive this release: Landlord’s obligation to account for and return the Deposit under Section 4; Tenant’s liability for damage under Section 5 and for any amount under Section 3 not yet paid; either Party’s liability for personal injury or property damage caused by its negligence or willful act before the Termination Date; and any obligation of indemnity under the Lease for claims by third parties arising from events before the Termination Date. If any guarantor guaranteed the Lease, the guaranty continues until every amount due under this Agreement is paid.

7. Failure to Vacate

If Tenant does not vacate and return keys by the Termination Date, the release in Section 6 does not take effect, Tenant owes rent for each day of holdover at one hundred fifty percent (150%) of the daily rent under the Lease to the extent the law permits, together with any loss Landlord suffers, including claims by an incoming tenant, and Landlord may recover possession under the Lease and the law of the State of [Governing law (state)]. Landlord’s acceptance of any payment after the Termination Date does not revive the Lease or create a new tenancy, and the Termination Date is not extended except in a writing signed by Landlord.

8. Representations

Each Party represents that it has the authority to sign this Agreement, has not assigned any claim it releases, and has read and understood this Agreement or had the opportunity to consult an attorney. Tenant represents that no one other than Tenant and the occupants named in the Lease claims a right to occupy the Premises, and that Tenant has not sublet them. Landlord represents that Landlord is the landlord under the Lease or is authorized to sign for the landlord.

9. General

This Agreement is governed by the laws of the State of [Governing law (state)] and by any local ordinance governing tenant buyouts or voluntary vacancies that applies to the Premises, which the Parties shall comply with. It is the entire agreement between the Parties about ending the Lease, supersedes all prior discussions, and may be amended only in a writing signed by both Parties. If any provision is unenforceable, the remainder stays in effect. Notices may be delivered by hand, by mail to the addresses above or to the Premises until the Termination Date, or by email to the addresses in the execution record. Time is of the essence. This Agreement may be signed electronically and in counterparts, each an original and together one instrument, and the electronic execution record kept by the signing platform is conclusive evidence of execution.

Signatures

Landlord · Tenant

Lease Termination Agreement FAQ

Can a landlord refuse to let a tenant out of a lease?

Yes, unless a statute gives the tenant a right to leave. A lease is a contract for the full term. This agreement is for the case where the landlord is willing to release the tenant, usually in exchange for notice, a fee, or the tenant paying rent until the unit is re-rented. Many landlords agree because a cooperative move-out costs less than a vacancy after a default.

How much is a reasonable early termination fee?

One or two months’ rent is common, and some leases already set the amount. The fee is meant to cover the landlord’s re-renting costs and the risk of vacancy; a landlord who has already lined up a new tenant may charge little or nothing. The agreement lets you set any amount including zero, and says when it is paid.

Can I leave the tenant’s forwarding address and details blank?

Yes. Fill in the termination date, the fee and the deposit terms, and leave the tenant’s forwarding address and any other tenant details blank. The tenant fills them in when they open the link and signs, and you countersign after you see the entries. The forwarding address is needed so the deposit statement reaches them.

What happens to the security deposit?

You choose: return it after the move-out inspection in the usual way, apply it to the termination fee and return any balance, or, if that is the deal, the tenant forfeits it as part of the consideration for the release. Whichever you pick, the landlord must still give an itemized statement of any deductions within the time state law allows.

What if the tenant does not move out on the agreed date?

The agreement says the release does not take effect, the tenant owes holdover rent for each day, and the landlord may pursue possession under the lease and state law. It also says accepting rent after the termination date does not revive the lease, so the landlord is not accidentally creating a new month-to-month tenancy.

Does the tenant still owe rent until the unit is re-rented?

Only if the agreement says so. The point of a mutual termination is certainty: the tenant pays what the agreement states, moves out, and is released. If the landlord wants the tenant to remain liable until a new tenant starts paying, write that into the fee section or use a different structure.

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This template is general information, not legal advice. Laws differ by state; review anything important with a lawyer.

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