Lease Break Agreement

Lease Break Agreement Template for Denmark

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Document background

The Lease Break Agreement is a crucial document used when both landlord and tenant agree to terminate a lease before its scheduled end date under Danish law. This document is essential for properly documenting the early termination of both residential leases (governed by the Lejeloven) and commercial leases (governed by the Erhvervslejeloven) in Denmark. It includes specific provisions required by Danish property law, such as detailed handover procedures, settlement of any outstanding financial obligations, and formal release of future commitments. The agreement helps prevent future disputes by clearly outlining the terms of separation, including important dates, property condition requirements, and financial settlements. It's particularly important in the Danish legal context, where tenant protection is strong and formal documentation of mutual agreement is crucial for legal certainty.

Suggested Sections

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

2. Background: Details of the existing lease agreement including date of original lease, property address, and reference to why the break is being initiated

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

4. Termination Date: Specific date when the lease will terminate and the tenant will vacate the property

5. Mutual Agreement to Terminate: Express statement of both parties' agreement to terminate the lease early

6. Handover Requirements: Specific conditions for returning the property, including cleaning, repairs, and inspection arrangements

7. Financial Settlement: Details of any final payments, deposit returns, or financial adjustments

8. Release of Obligations: Statement releasing both parties from future obligations under the original lease

9. Governing Law: Confirmation that the agreement is governed by Danish law

10. Signatures: Execution provisions and signature blocks for all parties

Optional Sections

1. Surviving Obligations: Used when certain obligations from the original lease should continue after termination

2. Third Party Consents: Required when third party approval is needed for the early termination

3. Insurance: Included when specific insurance arrangements need to be addressed during the handover period

4. Utilities and Services: Used when specific arrangements for transfer or termination of utilities need to be documented

5. Keys and Security: Required when there are specific arrangements for returning keys, security cards, or changing access codes

6. Forwarding Address: Include when arrangements for forwarding mail or providing future contact details are needed

Suggested Schedules

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

2. Schedule 2 - Property Condition Report: Current condition report and comparison with initial condition report

3. Schedule 3 - Financial Statement: Detailed breakdown of final financial settlements, including deposit calculations

4. Schedule 4 - Handover Checklist: Detailed list of items to be checked during the final inspection

5. Schedule 5 - Utilities Reading Form: Form for recording final utility readings and account transfer details

6. Appendix A - Photographic Evidence: Current photographs of the property condition where relevant

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