How to Write an End Lease Agreement
The parties to a lease agreement are able to bring the contract to a premature end through mutual agreement. Because a lease agreement--residential or commercial--over 30 days in duration must be in writing, the agreement to terminate that contract must also be in writing. There are specific strategies and procedures to follow in preparing an end lease agreement. Failing to follow these procedures potentially renders an end lease agreement unenforceable.
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Instructions
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Set forth the names of both parties to the original lease agreement at the start of the end lease agreement.
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Include the date the originally lease agreement commenced and the date on which it was slated to end of its own accord.
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Establish the date the lease will end under the terms of the new end lease agreement. A typical way of setting forth the terminal date is "June 14, 2012, at 11:59 p.m. Including a specific date and time aids in preventing confusion of conflict regarding the lease termination.
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Reference the original lease agreement in the end lease agreement as follows: "The original lease is attached hereto and incorporated herein by reference as if set forth in its entirety." By including this legal statement there is no way either party can contend that any other provision in the original lease agreement is altered by the end lease agreement.
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Sign the end lease agreement. Signing in front of a notary public is not required. However, the parties at their option can add this additional step.
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Obtain the signature of the other party to the original lease to the end lease agreement.
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Tips & Warnings
There is no need to make an end lease agreement a length document. Keep it directly to the point. Needless language only raises the specter of conflict, confusion and disagreement.
Lease and end lease agreements potentially are complex. Consider hiring a real estate attorney that specializes in landlord and tenant issues to assist you in drafting an end lease agreement. You can obtain directories of attorneys who specialize in real estate law from both the state and local bar associations.
