The Tenancy Agreement Breaking Lease document is essential in German property law when either party needs to terminate a lease agreement before its scheduled end date. It is commonly used in situations involving job relocations, personal circumstances, or other valid reasons for early termination under German law. This document ensures compliance with the German Civil Code (BGB), particularly sections 535-577a governing residential tenancies. It provides a structured framework for early lease termination, including specific notice periods, property handover procedures, and financial settlements. The agreement protects both landlord and tenant interests by clearly defining rights, obligations, and procedures for lease termination, while ensuring adherence to German legal requirements regarding tenant protection and property rights. The document is particularly crucial in Germany's tenant-friendly legal environment, where specific procedures and justifications for early termination must be properly documented.
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1. Parties: Identification of landlord and tenant with full legal names and addresses
2. Background: Reference to original lease agreement, its date, and property details
3. Definitions: Key terms used in the agreement including 'Termination Date', 'Notice Period', and 'Settlement Amount'
4. Early Termination Notice: Formal declaration of early termination and specified termination date
5. Legal Basis for Termination: Citation of relevant provisions of German law supporting the early termination
6. Notice Period: Specification of the notice period as required under German law
7. Property Handover: Terms and conditions for returning the property, including inspection requirements
8. Settlement of Accounts: Details of final rent payment, utility bills, and security deposit return
9. Mutual Release: Release of parties from future obligations under the original lease
10. Governing Law: Confirmation that the agreement is governed by German law
1. Replacement Tenant Clause: Terms regarding the tenant's right or obligation to find a replacement tenant, used when this is agreed between parties
2. Renovation Requirements: Specific requirements for property restoration, used when there are special renovation needs
3. Payment Plan: Structure for any agreed compensation or remaining payments, used when there are outstanding financial obligations
4. Special Termination Circumstances: Details of specific circumstances justifying immediate termination, used in cases of extraordinary termination
5. Future Reference: Terms regarding landlord's agreement to provide references, used when specifically requested by tenant
6. Forwarding Address: Tenant's new address for future correspondence, used when tenant is relocating
1. Schedule 1 - Original Lease Agreement: Copy of the original lease agreement being terminated
2. Schedule 2 - Property Condition Report: Current condition assessment of the property
3. Schedule 3 - Settlement Calculation: Detailed breakdown of all financial settlements including rent, deposits, and any deductions
4. Schedule 4 - Handover Protocol: Checklist for property handover process and requirements
5. Appendix A - Supporting Documentation: Any relevant supporting documents justifying the early termination
6. Appendix B - Utility Readings: Final readings for all relevant utilities and services
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