Lease Surrender Agreement

Lease Surrender Agreement Template for Denmark

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Document background

The Lease Surrender Agreement is a crucial document used when both landlord and tenant wish to terminate their lease arrangement before its contractual end date. This document, governed by Danish law, particularly the Danish Lease Act (Lejeloven) for residential properties or the Danish Business Lease Act (Erhvervslejeloven) for commercial properties, sets out the terms and conditions for ending the lease early. It typically includes provisions for the surrender date, condition requirements for the premises, settlement of outstanding payments, return of keys and security devices, and mutual releases from future obligations. The agreement is essential for providing legal certainty and protecting both parties' interests when early termination is desired, ensuring compliance with Danish property law requirements and documenting all aspects of the surrender process.

Suggested Sections

1. Parties: Identification of the landlord and tenant, including full legal names, registration numbers (if companies), and addresses

2. Background: Brief description of the existing lease arrangement and the parties' intention to surrender it before the contractual termination date

3. Definitions: Definitions of key terms used throughout the agreement, including 'Lease', 'Premises', 'Surrender Date', and 'Surrender Premium' if applicable

4. Agreement to Surrender: The core agreement where the tenant agrees to surrender and the landlord agrees to accept the surrender of the lease

5. Surrender Date: Specification of the exact date and time when the surrender will take effect

6. Condition of Premises: Requirements for the condition in which the premises must be returned, including removal of tenant's belongings and any reinstatement obligations

7. Settlement of Accounts: Provisions for the settlement of any outstanding rent, service charges, utilities, and other payments

8. Keys and Security Devices: Arrangements for the return of all keys, access cards, and security devices

9. Mutual Release: Mutual release of claims and obligations under the lease, subject to any surviving obligations

10. Governing Law and Jurisdiction: Confirmation that Danish law governs the agreement and jurisdiction of Danish courts

Optional Sections

1. Surrender Premium: Details of any payment to be made by either party as consideration for the surrender, used when a premium is being paid

2. Dilapidations: Specific provisions dealing with repair obligations and settlement of dilapidations claims, used when there are outstanding repair issues

3. Third Party Consents: Provisions regarding obtaining necessary third-party consents (e.g., mortgagee's consent), used when such consents are required

4. VAT/Tax Provisions: Specific provisions dealing with VAT or tax implications of the surrender, used when there are significant tax considerations

5. Ongoing Obligations: Details of any obligations that survive the surrender, used when certain obligations need to continue

6. Insurance: Provisions regarding termination or transfer of insurance obligations, used when specific insurance arrangements need to be addressed

7. Confidentiality: Provisions requiring the parties to keep the terms of the surrender confidential, used in sensitive commercial situations

Suggested Schedules

1. The Lease: Copy or details of the original lease being surrendered

2. The Premises: Detailed description and/or plans of the premises being surrendered

3. Inventory of Fixtures and Fittings: List of fixtures and fittings to be left in or removed from the premises

4. Schedule of Condition: Documentation of the condition of the premises at surrender

5. Outstanding Payments: Detailed breakdown of any outstanding payments to be settled

6. Handover Requirements: Specific requirements for the handover of the premises

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