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Early Lease Termination Agreement

Early Lease Termination Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Early Lease Termination Agreement

I need an Early Lease Termination Agreement for my commercial office space in Central, Hong Kong, where the tenant has agreed to terminate on March 1, 2025, with a negotiated termination fee of HKD 100,000 and full security deposit return.

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Document background
An Early Lease Termination Agreement is a crucial document used when both landlord and tenant agree to end a lease before its natural expiration date. This document, governed by Hong Kong law, provides a formal framework for early lease termination while ensuring compliance with local regulations, particularly the Landlord and Tenant (Consolidation) Ordinance. It is commonly used in situations where either party needs to terminate the lease early due to business changes, relocation, or other circumstances, and both parties agree to the termination. The agreement typically includes detailed provisions for the termination date, financial settlements, property handover requirements, security deposit arrangements, and mutual releases. It helps prevent future disputes by clearly documenting the agreed terms and conditions of the early termination, making it an essential tool for risk management in property leasing.
Suggested Sections

1. Parties: Identification of the landlord and tenant, including full legal names and addresses

2. Background: References to the original lease agreement, its key terms, and the mutual desire to terminate early

3. Definitions: Definitions of key terms used throughout the agreement, including 'Termination Date', 'Original Lease', and 'Settlement Amount'

4. Termination: The core agreement to terminate the lease, specifying the exact termination date and mutual release of future obligations

5. Financial Settlement: Details of any payment arrangements, including return of security deposit, advance rent adjustments, and termination fees

6. Handover Requirements: Specific conditions for returning the property, including state of repair and cleaning requirements

7. Release and Waiver: Mutual release from future obligations and claims under the original lease

8. Surviving Obligations: Specification of any obligations that continue after termination

9. Governing Law: Confirmation that Hong Kong law governs the agreement

10. Execution: Signature blocks and execution details

Optional Sections

1. Reinstatement Works: Detailed requirements for property restoration, used when specific renovation or restoration work is required

2. Third Party Consents: Required when the termination needs approval from mortgagees, guarantors, or building management

3. Utility Transfers: Used when specific arrangements for utility account transfers need to be documented

4. Keys and Access Devices: Detailed inventory of keys and access devices when multiple sets or special access tools are involved

5. Outstanding Charges: Used when there are complex arrangements for settling utility bills, management fees, or other charges

6. Forwarding Address: Include when specific arrangements for future correspondence or deposit return are needed

Suggested Schedules

1. Schedule 1 - Original Lease Details: Copy or key details of the original lease agreement

2. Schedule 2 - Financial Settlement Calculation: Detailed breakdown of all financial settlements, including deposit return and any pro-rata calculations

3. Schedule 3 - Property Inspection Report: Current condition report and agreed repair/restoration requirements

4. Schedule 4 - Handover Inventory: List of items to be handed over, including keys, access cards, and any included furnishings

5. Appendix A - Photographic Evidence: Photos documenting the property's condition at termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Residential Property

Commercial Property

Retail

Hospitality

Office Space

Industrial Property

Banking and Finance

Property Management

Legal Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Compliance

Risk Management

Property Management

Corporate Services

Administration

Relevant Roles

Property Manager

Facilities Manager

Real Estate Manager

Legal Counsel

Corporate Lawyer

Leasing Manager

Asset Manager

Operations Director

Chief Financial Officer

Property Administrator

Compliance Officer

Risk Manager

Real Estate Director

General Counsel

Company Secretary

Industries
Landlord and Tenant (Consolidation) Ordinance (Cap. 7): Primary legislation governing landlord-tenant relationships in Hong Kong, including provisions for termination of tenancies, notice requirements, and statutory rights and obligations of both parties
Stamp Duty Ordinance (Cap. 117): Regulates stamp duty obligations on tenancy agreements and their termination, which may have financial implications for early termination arrangements
Building Management Ordinance (Cap. 344): Relevant for properties in multi-story buildings, governing aspects of building management and occupation that might affect lease termination
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Governs contract formation, validity, and enforcement in Hong Kong, including provisions affecting termination agreements and their binding nature
Control of Exemption Clauses Ordinance (Cap. 71): Regulates the use and validity of exemption clauses in contracts, ensuring fairness in termination agreements and liability provisions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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