This lease termination agreement is between , an individuala(n) (the "Landlord") and  , an individual a(n) (the "Tenant").

The parties have entered into a lease agreement, dated as of (the "Lease"), relating to the premises located at (the "Premises"). A copy of the Lease is attached as Exhibit A.

Under section of the Lease, the parties may terminate the Lease, .

The term of the Lease is scheduled to expire on (the "Expiration Date") and the parties wish to terminate the Lease before the Expiration Date.

The parties therefore agree as follows:


Effective as of (the "Termination Date"), the parties terminate the Lease. The Lease will be void and of no further binding effect. However, any provision in the Lease that would otherwise survive in accordance with the terms of the Lease will survive the termination of the Lease in accordance with its terms. 


The Tenant is responsible for all of its obligations under the Lease through and including the Termination Date, including the Tenant's obligation to pay monthly rent, additional rent, utility charges, and all other amounts and charges owing under the Lease. On or before the Termination Date, the Tenant shall pay to the Landlord any remaining rent, utility charges, and other charges relating to the Premises that accrued on or before the Termination Date. The Tenant shall indemnify the Landlord against any utility charges or other charges relating to the Premises that are the Tenant's obligation under the Lease and that accrue on or before the Termination Date.On or before the Termination Date, the Tenant shall pay to the Landlord the sum of $, as full payment for and satisfaction of all amounts and other obligations due under the Lease, including all rent payments, utility and service costs, repair and maintenance obligations, liability for damages, insurance premiums, capital investments, structural repairs, and improvements in the Premises and related costs and expenses, expenses incurred in the removal, destruction, storage, sale, or other disposition of any property left on the Premises after the Termination Date, and all other charges, costs, and expenses incurred by the Landlord as a result of the Tenant's use of the Premises. The Tenant will then have no further obligation to pay money under the Lease.  However, if the Tenant remains on the Premises past the Termination Date, the Tenant will be responsible for the full rent after that date. 


On the Termination Date, the Tenant will surrender to the Landlord all of its interest in the Premises. The Tenant shall vacate the Premises on or before 11:59 p.m. on the Termination Date, and leave the Premises in the yield-up condition required under the Lease, which includes leaving the Premises broom clean, free of the Tenant's personal effects and in good condition.


Under section of the Lease and applicable law, the Landlord is required to remit the security deposit to the Tenant, less deductions for damage. The balance of this security deposit amount has been applied to reduce the amount of the payment otherwise required by section 2 abovewill be provided to the Tenant in accordance with the terms of the Lease and applicable law.


  • (a) Effective as of the Termination Date, each party hereby releases any claim it may have against the other party that arises out of the Lease or the Tenant's occupancy and use of the Premises through the Termination Date. Any obligations of the Tenant that are expressly stated to survive expiration or termination of the Lease are not released by this agreement. Neither party's obligations under this agreement are released by this section.
  • (b) The Landlord does not waive any claims for indemnification, contribution, or apportionment of claims or liability that are
    • (i) brought against the Landlord by a third party and
    • (ii) result from the Tenant's possession or use of the Premises.
  • (c) The Landlord does not waive any claims for damages resulting from latent or hidden defects or hazardous materials contamination caused by the Tenant or resulting from the Tenant's possession or use of the Premises.
  • (d) Except as expressly provided in this section, the parties each hereby waive the benefit of the provisions of California Civil Code section 1542, and any similar or analogous statute from another state or federal jurisdiction. California Civil Code section 1542 provides:
  • Each party understands that this statute gives it the right not to release existing claims of which it is not now aware, unless it voluntarily waives this right. With this knowledge, the parties nevertheless voluntarily choose to and do waive the rights described.


Within  days after the Termination Date, the Tenant will return all property provided in connection with the Lease (the "Property"), including all keys, access devices, gate cards, garage door openers, and other property owned by the Landlord to the Landlord at the Tenant's expense. The Tenant shall return the Property in good and proper repair, condition, and working order, ordinary wear and tear excepted, advise the Landlord immediately of any loss of or damage to the Property, and, within days after the Termination Date, reimburse the Landlord for all costs and expenses incurred to put the Property into good repair, condition, and working order, if the cause of loss or damage is attributable to the negligence or willful conduct of the Tenant.


The Landlord hereby represents that it is the authorized representativeowner of the Premises and of the Landlord's interest in the Lease, with full authority to terminate the Lease.


The Tenant hereby represents:

  • (a) the Tenant owns and holds the entire interest of the Tenant under the Lease;
  • (b) there are no subleases affecting the Premises or any part of the Premises;
  • (c) the Tenant has not assigned or encumbered its interest under the Lease or any part of the Lease; and
  • (d) there are no contracts for the provision of labor or materials for improvements or alterations on the Premises that are outstanding or that have not been performed and satisfied as of the Termination Date.


This agreement is contingent on the following conditions, each of which must be satisfied before the Termination Date. Failure to satisfy any of these conditions will void this agreement, and the Lease will remain valid and enforceable according to its terms: .


  • (a) Choice of Law. The laws of the state of govern this agreement (without giving effect to its conflicts of law principles).
  • (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .


No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.


  • (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
  • (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.


If any provision contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated under this agreement to be unreasonable.


  • (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
  • (b) Addresses. A party shall address notices under this section to a party at the following addresses:
  • If to the Landlord:
  • If to the Tenant:
  • (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.


No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.


This agreement, together with the Lease, constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.


The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.


This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.


Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.


Each party is signing this agreement on the date stated opposite that party's signature.

Date: _________________


Date: _________________



(Attach copy of Lease)


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How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.

Termination of lease: How-to guide

When renting a home, the possibility of breaking a contract is a significant concern that tenants and landlords should fully understand. Therefore, this article will explore every aspect of lease termination, covering its implications, legal considerations, reasons for termination, and the proper procedures for ending a lease agreement.

What is a termination of lease?

The legal procedure of terminating a lease between a landlord and a tenant before its specified term of expiry is known as "termination of lease." This may happen for several reasons, such as mutual consent, a contract violation, or due to certain provisions mentioned in the lease agreement.

When you terminate a lease, you must follow specific rules and regulations set by state laws and the lease agreement. Not adhering to these rules can lead to conflicts, fines, or even legal trouble.

Difference between termination and eviction

Understanding the contrast between terminating a lease and eviction is crucial so that you may know what you are truly looking for. Termination happens when either the tenant or the landlord decides to end the lease agreement by choice. On the other hand, eviction is when the landlord takes legal action to remove a tenant from the rental property because of lease violations or other breaches of agreement.

What are the reasons for seeking termination?

Understanding the motivations behind seeking lease termination is essential for navigating this process smoothly. Here are some common reasons tenants or landlords may terminate a lease.

End of lease term: Tenants and landlords must decide whether to extend the lease or start the termination process as the agreed-upon expiration date approaches.

Relocation for work or personal reasons: Tenants might need to end their lease early due to job transfers, family obligations, or other personal circumstances requiring them to move out of the rental property.

Dissatisfaction with property or landlord: Issues like neglected maintenance, property damage, or disputes with the landlord can lead tenants to terminate their lease in search of better property options.

Financial constraints: Financial difficulties such as job loss or unexpected expenses may compel tenants to terminate their lease if they can no longer afford the rent payments.

What are the elements of a termination of lease?

Before initiating the lease termination process, it's essential to understand the key elements involved and ensure compliance with legal requirements.

The Termination Clause

The Termination Clause states the requirements for early termination of the lease, allowing either party to exit the agreement before the lease term finishes.

Yield up

This term indicates that the tenant returns the property to its original condition as stipulated in the lease agreement.

Security deposit

This term means addressing the return of the security deposit, including any deductions for damages or unpaid rent.

Mutual release of liability

This is an agreement between the landlord and the tenant to release each other from any further legal obligations under the lease agreement.

Landlord’s representations

Here, the landlord clarifies any assurances made by the landlord regarding the property's condition or amenities.

Tenant’s representations

In the same way, the tenant also affirms that they have fulfilled all obligations outlined in the lease agreement.

Governing law

This section specifies any legal jurisdiction governing the lease termination for any disputes that may arise.


Both parties must sign the termination agreement to make it legally binding.


Both parties must ensure that if any part of the termination agreement is deemed invalid, the remaining provisions remain enforceable.


When terminating the lease, formal written notices have to be provided to each party involved, as required by the lease or rental agreement or state law.


This term specifies any waivers of rights or provisions agreed upon by both parties during the termination process.

How to terminate a lease?

Terminating a lease involves several steps to ensure a smooth and legally compliant process.

1. Review lease agreementTo understand the rights and obligations of your termination, review your lease agreement thoroughly.

2. Drafting the termination notice: Prepare a written notice mentioning your intention to terminate the lease, citing the reasons for termination and the effective date.

3. Sending the notice to the landlord: To ensure proof of receipt, deliver the termination notice to your landlord via certified mail or hand delivery.

4. Documenting communication: Keep records of all communication related to the lease termination, including copies of the termination notice and any correspondence with the landlord.

If you wish to draw up a termination of lease agreement, the free template provided at the beginning of the page can help you get started. 

Where to find assistance for termination of lease?

Tenants seeking assistance with lease termination can explore various resources for guidance and support.

Legal resources

Consulting with a legal advisor or attorney can provide valuable insights into your rights and obligations regarding lease termination and help you navigate the process effectively.

Local tenant associations

Tenant associations and advocacy groups may offer resources, workshops, and support services to tenants facing issues related to lease termination or landlord disputes.

Legal aid organizations

Nonprofit legal aid organizations provide free or low-cost legal assistance to individuals who cannot afford private legal representation, including tenants involved in lease termination disputes.

Important rules when terminating a lease

There may be certain restrictions on when a lease can be terminated, such as:

Legal requirements: The lease agreement's precise legal requirements, which are defined by state legislation, must be followed during the termination procedure.

Conditional clauses: Certain lease agreements have provisions, including early termination fees or penalties, that restrict the conditions under which a lease may be terminated.

Notice periods: Depending on the terms of the lease or rental agreement, or state legislation, both renters and landlords may need to give notice in advance before ending the lease.

Financial responsibilities: Even after the lease is canceled, tenants may still be obligated to pay for unpaid rent or utilities, among other financial duties.

Property condition: Generally speaking, tenants are required to give back the property in the same state as it was when they moved out.

Dispute resolution: Parties may need to use mediation, arbitration, or legal action to settle disagreements or issues about the termination procedure.

What are the benefits of having a termination of lease?

Understanding the importance of lease termination can help tenants and landlords avoid potential disputes and legal proceedings while facilitating a smooth transition for both parties.

Avoiding potential disputes and legal proceedings

By following proper procedures and adhering to the terms of the lease agreement, tenants and landlords can mitigate the risk of disputes or legal action related to lease termination.

Maintaining a positive rental history

Maintaining a positive rental history is essential for tenants seeking future rental opportunities, as landlords may inquire about past lease terminations and rental behavior.

Facilitating smooth transition for landlord and tenant

A well-executed lease termination ensures a smooth transition for both the landlord and the tenant, allowing for the timely re-rental of the property and the orderly relocation of the tenant.

What are the relevant laws governing the termination of lease?

Lease termination is subject to several laws and rules, such as:

Landlord-tenant laws: These legal frameworks define the respective obligations and rights of landlords and tenants, including clauses about lease expiration, security deposits, and legal actions leading up to eviction.

State-specific regulations: When it comes to notice periods, grounds for terminating a lease, and how to handle security deposits and overdue rent, every state has its own set of regulations.

Both landlords and tenants must be aware of these relevant laws and regulations to guarantee cooperation and safeguard their rights during the lease termination procedure.

Tips for a successful termination

Effective communication and adherence to legal requirements are essential for a successful lease termination process.

Open communication between tenants and landlords

Communicate openly and transparently with your landlord or tenant throughout the lease termination process to address any concerns or issues promptly.

Documenting the lease termination process

Keep detailed records of all communication, including written notices, emails, and agreements, to protect yourself in case of disputes or legal proceedings.

Seeking legal advice when necessary

If you encounter legal complexities or disputes during the lease termination process, don't hesitate to seek guidance from a qualified legal professional to ensure your rights are protected.


In conclusion, understanding the intricacies of lease termination is essential for tenants and landlords to navigate this process effectively and protect their rights under the law. By following proper procedures, seeking legal guidance when necessary, and maintaining open communication, both parties can facilitate a smooth and mutually beneficial lease termination process.

Frequently asked questions

What does a termination of lease mean?

A termination of a lease agreement officially marks the end of a lease and protects both tenant and landlord. Making a clean break means less chance of disputes later and helps pave a smooth road for everyone's next chapter.

Here's the information you'll need to have handy to complete your termination of lease:

  • Who the landlord is: Have their name and contact information ready
  • Who the tenant is: Have their information available

How do you write a letter to end a lease?

  • Start with a clear statement of intent to terminate the lease.
  • Include the effective date of termination.
  • Provide a brief explanation for the termination (if desired).
  • Mention any specific terms from the lease agreement relevant to termination.
  • Request instructions for returning keys, conducting inspections, and handling the security deposit.
  • Express gratitude for the opportunity to rent the property.
  • Sign and date the letter.
  • Keep a copy of the letter for your records.
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