The Early Termination Of Tenancy Agreement By Tenant is a crucial document used in Hong Kong's property market when a tenant needs to end their lease before the originally agreed termination date. This document is essential for both residential and commercial properties operating under Hong Kong law, particularly in compliance with the Landlord and Tenant (Consolidation) Ordinance. It's typically used when tenants need to relocate unexpectedly, face financial difficulties, or have other valid reasons for early termination. The agreement protects both parties' interests by clearly defining the termination process, financial obligations, property handover requirements, and mutual releases. It includes specific provisions for security deposit handling, utility settlements, and property condition requirements, all while ensuring compliance with Hong Kong's legal requirements for tenancy terminations.
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1. Parties: Identification of the Tenant and Landlord with their full legal names and addresses
2. Background: Reference to the original tenancy agreement including its date, property address, and current rental term
3. Definitions: Key terms used in the agreement including 'Termination Date', 'Original Agreement', 'Property', etc.
4. Early Termination Notice: Formal declaration of the tenant's intention to terminate, specifying the intended termination date
5. Termination Terms: Key conditions of the early termination including notice period and any agreed compensation
6. Property Handover: Requirements for the condition of the property upon return, inspection arrangements, and key return process
7. Financial Settlement: Details of final rent payment, deposit return, and settlement of utilities
8. Release and Discharge: Mutual release from obligations under the original tenancy agreement post-termination
9. Governing Law: Confirmation that the agreement is governed by Hong Kong law
10. Execution: Signature blocks for all parties
1. Break Fee: Include when there is a specific penalty or fee agreed for early termination
2. Replacement Tenant: Include when the tenant is required to or has agreed to find a replacement tenant
3. Reinstatement Works: Include when specific renovation or restoration works are required before handover
4. Handover Inventory: Include when there are specific furniture or fittings to be accounted for
5. Outstanding Repairs: Include when there are specific repair obligations to be addressed
6. Agency Fees: Include when there are estate agency fee arrangements to be settled
1. Schedule 1 - Original Tenancy Agreement: Copy or key details of the original tenancy agreement being terminated
2. Schedule 2 - Property Inventory: Current inventory list and condition report of the property
3. Schedule 3 - Outstanding Payments: List of any outstanding rent, utilities, or other payments to be settled
4. Schedule 4 - Handover Checklist: Detailed checklist for property handover including cleaning requirements and inspection criteria
5. Appendix A - Photographic Evidence: Current photographs of the property condition (if required)
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