Cancellation of Lease

Legal ScalesWhether you are the landlord or the tenant, and whether the lease in question is of commercial or residential property, US Legal forms has the right cancellation of lease form for you.  All forms are easily tailored to meet your specific needs.  Simply select your State and choose the form most appropriate for your situation.



Lease Cancellation - How to Cancel a Lease

There are various ways you may end a lease early. Early termination of a rental agreement may be accomplished involuntarily, such as through a violation of landlord tenant law by a landlord or a failure to pay rent by the tenant causing the legal termination of lease. Lease cancellation is typically used to refer to a voluntary contractual agreement between landlord and tenant to end a lease, and may be governed by cancellation rights which are outlined in a cancellation option already contained in the lease agreement form.

Whether your need to cancel a rental agreement is voluntary or involuntary, it is important to use the proper lease cancellation agreement, termination letter sample, or notice to vacate forms that are tailored to your state's landlord tenant law. The lease termination agreement, lease cancellation form and cancellation letters offered by US Legal Forms are state-specific and professionally drafted to comply with the landlord tenant laws of your state.

What to Include in an Agreement to Cancel the Lease

It is important to have the steps to cancel the lease clearly spelled out in a lease cancellation form that includes at least the following basic terms:

  • The names of the landlord and tenant.
  • A description of the rental property which is the subject of the cancellation of a contract.
  • A reference to the cancellation rights in the governing rental agreement form, if applicable.
  • Rent owed by the renters at the time they must vacate the premises and terminate the agreement.
  • Terms should be included in the lease cancellation form for handing the return of the keys by the renter.
  • The premises should be agreed to be left in clean condition and an inspection by the landlord may be conducted at an agreed time or upon notice to the tenant.

How a Landlord May Cancel a Lease Agreement Involuntarily

Involuntary termination of a lease is different than a voluntary cancel the lease agreement. If the tenant fails to pay rent or otherwise breaches the rental agreement, such as by violating pet rules, then a notice to vacate or termination sample letter form may be sent to the tenant according to the lease termination notice provisions in a written lease, or according to the state landlord tenant law if no written lease exists between landlord and tenant.

How to Terminate a Lease by a Tenant

Termination letter forms may be sent to the landlord by tenants in breach of rental agreement situations, such as inhabitable living conditions or a failure to supply use of the rental property not due to fault on the tenant's part. In this type of cancellation of lease scenario, a termination notice needs to be sent to the landlord a certain number of days in advance, according to state landlord tenant law or according to the termination notice terms of a written rental agreement. Failure to follow proper termination of rental procedure by serving written notice of termination forms on the landlord can make tenants liable for another rental payment. US Legal Forms has professionally drafted termination of lease and letter of cancellation forms specifically tailored to the laws of your state.

Lease Cancellation FAQs

How do I cancel a lease early?

Lease cancellation and how to cancel the lease will depend on whether the landlord or tenant has violated the lease. For example, if the tenant is behind in rent or the landlord has failed to deliver possession of the property, an early termination letter may be sent according to the terms of the lease for termination of lease or according to the rules of the state residential landlord tenant laws.

If there is no fault by the other party to justify sending a letter of cancellation or notice to vacate, then it is possible the tenant and landlord may voluntarily create a lease cancellation agreement. Typically, the party seeking to end the lease early will need to compensate the other party in some manner for agreeing to cancel the lease. Voluntary lease cancellation is governed by contract law rules. In some cases, there may be a cancellation option or cancellation rights specified in the lease agreement. In voluntary cancellation agreement, a lease cancellation form may be created and enforced under contract law. US Legal Forms offers professionally drafted cancellation letters, lease termination agreement, and termination letter sample forms that are enforceable under your state's landlord tenant act.

What should a tenant do after sending a cancellation letter?

After sending a cancellation of lease letter or getting the landlord's consent to cancel the lease agreement, the tenant should take care to leave the rental unit in good repair and clean condition when choosing to terminate the lease. The keys should be returned to the landlord and a move out inspection should be scheduled. The renter may take pictures upon moving out, that can be compared to a move-out inspection report conducted in the tenant's absence.

Can a tenant end a lease due to job loss?

Job loss is not a legal excuse for early termination, unless it is stipulated as a reason for cancellation of a contract in the lease, which is unusual. However, the tenant may be able to negotiate with the landlord to obtain a cancellation agreement, or agreement to assign or sublet the rental property.

How do I make a tenant vacate for late rent payments?

A notice to vacate or termination sample letter can be given according to a written rental contract, and if none exists, then according to state residential property law. The advance notice required for a termination notice or notice to vacate varies by state. The termination letter sample and termination of lease forms offered by US Legal Forms are state-specific to comply with local law to legally end a lease.

Can a renter cancel a lease if the keys weren't accepted yet?

Lease cancellation rights don't necessarily depend on getting the keys and moving in-whether a rental agreement is in force and whether the lessor is making possession available will be the primary questions. Whether possession has been accepted by the tenant taking the keys will depend on whether the landlord is preventing the tenant from getting the keys or not. If the landlord is willing to surrender the keys, then the right to cancel the lease will be governed by the rental agreement or whether state landlord tenant law has been violated.