The Agreement To Vacate Premises is a crucial document used in Hong Kong real estate practice when both landlord and tenant wish to formally terminate a lease before its scheduled end date. This agreement is particularly important as it provides legal certainty and protection for both parties by documenting their mutual consent to early termination and setting out clear terms for the premises' vacation. The document typically includes specific details about the handover process, security deposit arrangements, settlement of outstanding payments, and mutual release from future obligations. It should comply with Hong Kong's legal requirements, particularly the Landlord and Tenant (Consolidation) Ordinance, and can be used for both residential and commercial properties. This agreement helps prevent future disputes by clearly documenting all aspects of the early termination arrangement.
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1. Parties: Identification of the landlord and tenant, including full legal names and addresses
2. Background: Brief description of the existing tenancy agreement, including its date, premises details, and original termination date
3. Definitions: Definitions of key terms used throughout the agreement
4. Agreement to Vacate: Core terms stating the agreed vacation date and mutual consent to early termination
5. Handover Requirements: Specific conditions for returning the premises, including cleaning, repairs, and restoration requirements
6. Security Deposit: Terms for the return or deduction of the security deposit
7. Settlement of Accounts: Agreement on final utility bills, management fees, and other outstanding payments
8. Release and Discharge: Mutual release from obligations under the original tenancy agreement
9. Governing Law: Confirmation that the agreement is governed by Hong Kong law
1. Compensation: Terms of any compensation payable by either party for early termination, if applicable
2. Property Inspection: Procedure for conducting pre-vacation and final inspections, if specific arrangements are needed
3. Reinstatement Works: Detailed requirements for restoration of premises to original condition, if significant modifications were made
4. Handover of Keys: Specific procedures for returning keys, access cards, and other security devices, if complex arrangements are needed
5. Outstanding Rent: Treatment of any rent paid in advance or rent arrears, if applicable
6. Third Party Rights: Exclusion of third party rights under the Contracts (Rights of Third Parties) Ordinance, if needed
1. Schedule 1 - Property Details: Detailed description of the premises including address and specific areas covered
2. Schedule 2 - Inventory List: List of furniture, fixtures, and fittings to be checked during handover
3. Schedule 3 - Handover Checklist: Detailed checklist for condition assessment and cleaning requirements
4. Appendix A - Photographic Record: Current photographs of the premises for reference during final inspection
5. Appendix B - Original Tenancy Agreement: Copy of the original tenancy agreement being terminated
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