Free Agreement to Cancel Lease

The date used as the date of termination will be the date that the Tenant's rights to possession of the Property will be extinguished. This means that the Tenant will have to have all of the Tenant's items removed from the property on or before this date. The Landlord is entitled to possession of the Property and may re-rent the Property after the termination date.

It is important to note that the rest of the lease terms are not altered by this termination agreement. For example, all rights outlined in the original lease that the Landlord has against the Tenant if the Tenant fails to pay rent or surrender the Property on the new termination date (called a holdover tenant) still apply. The only provision altered by this Agreement is the date that the lease ends.

1. The Agreement to Cancel Lease should be signed by both the Landlord and the Tenant. In most circumstances, an oral agreement to modify a written agreement previously entered into will not be legally effective. Thus it is necessary that an agreement to alter the ending date of the lease be in writing and also signed by each and every Landlord and Tenant affected by the change.

2. All parties should retain a copy of the signed Agreement and place them in a secure location.

3. It is usually not necessary for the Agreement to be witnessed or notarized.

4. In most circumstances, it is not necessary for the Agreement to be recorded in the public records. However, if the original lease agreement has been recorded, it is recommended that this Agreement be recorded as well, which, in turn, usually requires that the document must be notarized. In that case, the specific requirements of the relevant state should be determined with respect to notarizing and/or recording the Agreement.