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Ending A Tenancy Agreement Early In The Fixed Term for Australia

Ending A Tenancy Agreement Early In The Fixed Term Template for Australia

This document is a formal agreement for the early termination of a fixed-term residential tenancy agreement under Australian law. It outlines the terms and conditions for ending a lease before its scheduled completion date, including notice periods, financial settlements, and obligations of both parties. The document complies with relevant state-specific residential tenancy legislation and includes provisions for bond disposition, property condition requirements, and mutual release of obligations. It serves as a legally binding agreement that protects both landlord and tenant interests while ensuring compliance with Australian tenancy laws.

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What is a Ending A Tenancy Agreement Early In The Fixed Term?

The document "Ending A Tenancy Agreement Early In The Fixed Term" is essential for situations where a residential tenancy needs to be terminated before the end of its fixed term in Australia. It's commonly used when tenants need to break their lease due to circumstances such as job relocation, financial hardship, or other significant life changes. The document ensures compliance with Australian state-specific residential tenancy laws and provides a clear framework for managing the early termination process. It includes critical information about notice periods, financial obligations, property condition requirements, and the process for bond refunds. This agreement protects both landlord and tenant interests by clearly documenting the terms of the early termination and ensuring all parties understand their rights and obligations under Australian law.

What sections should be included in a Ending A Tenancy Agreement Early In The Fixed Term?

1. Parties: Identification of the landlord/property manager and tenant(s), including full legal names and contact details

2. Background: Brief outline of the existing tenancy agreement, its start date, and the reason for early termination

3. Definitions: Definitions of key terms used throughout the document

4. Early Termination Date: Specific date when the tenancy will end and key handover will occur

5. Notice Period: Confirmation of the notice period being given and compliance with legal requirements

6. Financial Settlement: Details of all financial obligations including break lease fees, rent payments up to termination, and any agreed compensation

7. Property Condition: Requirements for the condition the property must be left in and cleaning obligations

8. Final Inspection: Process and timing for the final property inspection

9. Release and Discharge: Mutual release of obligations under the original tenancy agreement

10. Execution: Signing section with date and witness requirements

What sections are optional to include in a Ending A Tenancy Agreement Early In The Fixed Term?

1. Bond Disposition: Details of how the rental bond will be handled and distributed, included when there is a bond held

2. Outstanding Repairs: Section addressing any existing property damage or repairs, included when there are unresolved maintenance issues

3. New Tenant Assignment: Terms regarding finding a replacement tenant, included when the tenant is responsible for or assisting with finding a replacement

4. Utilities and Services: Process for disconnecting or transferring utilities, included when these need to be specifically addressed

5. Forwarding Address: Section for tenant's forwarding address details, included when required for bond refund or future correspondence

6. Special Circumstances: Details of any special circumstances (e.g., domestic violence, hardship) that affect the termination terms, included when applicable

What schedules should be included in a Ending A Tenancy Agreement Early In The Fixed Term?

1. Schedule A - Property Condition Report: Detailed checklist of the property's current condition and any existing damage

2. Schedule B - Financial Statement: Breakdown of all financial calculations including rent, fees, and deductions

3. Schedule C - Cleaning Checklist: Detailed requirements for end-of-tenancy cleaning

4. Appendix 1 - Original Tenancy Agreement: Copy of the original fixed-term tenancy agreement being terminated

5. Appendix 2 - Evidence of Circumstances: Supporting documentation for early termination (if applicable)

6. Appendix 3 - Handover Inventory: List of items to be returned (keys, remote controls, etc.)

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses



























Relevant Industries

Real Estate

Property Management

Legal Services

Housing Services

Property Investment

Residential Construction

Financial Services

Insurance

Relevant Teams

Legal

Property Management

Residential Leasing

Compliance

Asset Management

Customer Service

Operations

Administration

Risk Management

Document Control

Relevant Roles

Property Manager

Real Estate Agent

Leasing Consultant

Legal Counsel

Tenancy Advisor

Housing Officer

Property Administrator

Compliance Officer

Asset Manager

Residential Leasing Manager

Tenant Relations Coordinator

Legal Administrator

Property Services Coordinator

Industries








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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