Ending a rental agreement is a crucial part of finalizing a lease termination, ensuring the rights and responsibilities of both the tenant and landlord in accordance with the Tenant Law (Law No. 8,245/1991).
This document guarantees openness in the process, whether initiated by one party, contract termination, or other causes.
We now offer a comprehensive and detailed template for ending a rental agreement to assist all parties involved in a straightforward manner. Take a look!
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The landlord is [Complete Locator name], [nationality], [civil status], [profession], holder of RG number [RG number], registered with CPF/MF number [CPF number], residing at [full address], in the city of [city], state [state].
LOCATION: [Full name of the location], [country], [marital status], [occupation], holder of RG number [RG number], enrolled in CPF/MF with number [CPF number], residing at [complete address], in [city], [state].
1. The Purpose of the Agreement
This agreement is the subject of the expected conclusion of the residential lease agreement entered into by João da Silva, hereinafter referred to as the Landlord, and Maria Oliveira, hereinafter referred to as the Tenant, starting on January 1, 2023, and ending on December 31, 2023.
Renttária is terminating the agreement and moving to a different state for work-related reasons after notifying the landlord. The termination will take effect on November 15, 2023, and certain conditions must be met, such as paying a fine, returning the property in good condition, and settling any outstanding debts.
Reason for the Termination
The tenant notified in advance their intention to end the lease agreement early because they are relocating to another state for work reasons, in accordance with Article 4 of the Tenancy Law (Law No. 8.245/1991).
The contract will end on November 15, 2023, when the renter agrees to return the property to the landlord.
The renter affirms that the decision to terminate has been made willingly and that there are no outstanding financial or contractual obligations, except those specifically stated in this agreement.
Locator agrees with the termination of the contract if all conditions, including the return of the property, are met.
Renter must communicate any circumstances that could affect the return of the property before the termination date, promoting transparency and good faith in contractual relationships.
Termination date
The rental agreement will officially end on November 15, 2023, when the tenant agrees to vacate the property and return it to the landlord.
The tenant must notify the landlord in writing of their decision to end the agreement, as previously indicated, and make sure that the property is handed over on the agreed-upon date as per the agreed-upon terms.
The tenant must give back the property in the same condition as when it was received, except for normal wear and tear, by the specified end date. Failure to do so may result in penalties as outlined in the original contract and relevant laws.
The tenant, on the other hand, is responsible for inspecting the property upon return to assess its condition. They may withhold some or all of the deposit based on the property’s condition.
After the termination takes effect, both parties agree that there will be no further financial responsibilities between them, except for those specifically stated in this agreement, such as the termination fee and the refund of the deposit as outlined here.
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The refund penalty, as stated in the initial agreement, will amount to R $ 4,500.
The tenant agrees to pay the penalty for ending the agreement within 30 days of signing the termination document.
The fine must be paid through a bank deposit into the designated account of the rental company, and the payment confirmation must be forwarded to the rental company within the specified timeframe.
If the payment for the refund is late, interest of 1% per month will be charged along with monetary correction based on official indices starting from the day after the deadline.
The tenant recognizes that the termination fee is required for ending the rental contract early, as outlined in Article 4 of the Tenancy Law (Law 8.245/1991), and aims to compensate for any losses incurred due to the termination.
The tenant can withhold the refundable deposit until all responsibilities under the rental agreement are fulfilled, including any outstanding financial obligations.
Five. Delivery of Property
The tenant agrees to return the property to the landlord in the same condition as it was received, excluding normal wear and tear, by the agreed upon termination date of November 15, 2023.
The property must be returned during business hours, with an appointment made with the renter at least 48 hours in advance.
The tenant is required to return the keys to the landlord during the check-out process. Failure to do so will be considered as unauthorized possession, allowing the landlord to continue collecting rent until the keys are returned.
The tenant has the right to be present during the property inspection at the time of return.
The renter can keep some or all of the deposit if there is damage to the property that is not due to normal wear and tear, as stated in the original contract, to pay for repair expenses.
The tenant is responsible for paying all rent and fees until the contract ends. Failure to do so may result in the deposit being held until all financial obligations are settled.
Deposit Warning
The tenant will get the deposit of R $ 3,000.00 after inspecting the property’s condition within 10 days of the contract’s termination.
The deposit refund will be adjusted for any repair costs, which will be communicated to the tenant beforehand and must be supported by documentation like estimates or receipts.
The renter agrees to refund the tenant the remaining deposit balance, minus any specified expenses, within 5 business days after inspecting the property’s condition.
The tenant can raise written objections to the landlord within five days of being notified of the deductions, and if no objections are made, the return will be considered accepted.
Upon receiving the deposit, the tenant agrees to have no further financial claims related to the rental agreement, except for those specifically stated in the termination clause.
7. Further provisions
If the tenant fails to return the property as agreed or in unsuitable condition, the tenant may withhold some or all of the deposit for repair or damage compensation.
The rental company must inspect the property within 5 days after its return to verify its condition, and this inspection will be recorded in a report signed by both parties.
The tenant must notify the tenant in writing within 10 days of the move-out about keeping the deposit, stating the reasons and costs for any required repairs or damages.
The tenant has five days to dispute the security deposit retention by providing reasons and, if needed, requesting a joint inspection for agreement on the matter.
If the tenant does not raise any objections within the specified time, they can assume that the retention of the deposit is approved and use the retained amount to cover repair or damage costs.
Eight. Retirement funds
Both the Renter and Renter confirm that, for legal purposes, there are no outstanding financial matters between them except for those explicitly stated in the termination agreement, which include the termination fee and the rent and charges up to the termination date.
The tenant agrees to pay all rent and fees up to the contract’s end date and acknowledges that no additional payment will be required afterward, unless both parties agree otherwise.
Locator states that Renter does not owe any values other than those already specified, releasing Renter from any further financial responsibility, unless there is a breach of the obligations outlined.
The parties can request the resolution of any undisclosed financial issues, and seek legal action if necessary, as stated in Article 389 of the Brazilian Civil Code.
Debit Clearance
The tenant agrees to pay all rent and charges up to the contract’s termination date of November 15, 2023, as outlined in the original agreement.
The rent and fees cover various expenses such as condo fees, utility bills (water, electricity, gas, internet), and other costs that may arise during the lease term.
The tenant is required to make payments by depositing the specified amounts into the designated bank account before the set deadline. Failure to fully pay may result in penalties according to the law and the contract terms.
The tenant can ask for evidence of payment of rent and fees, such as receipts or bank statements, until the end of the rental period.
If the tenant fails to pay the amounts owed by the specified date, the landlord has the right to use the deposit to cover any remaining debts according to the contract terms.
Date and Location of Signing
The parties mutually agree that the rental contract will end on November 5, 2023, in the city of Beta, where they will meet to sign the termination agreement.
The parties’ complete agreement with all terms and conditions in the document is indicated by signing it, along with the settlement of any outstanding financial matters from previous clauses.
The parties agree that the rental agreement will end on November 15, 2023, and the property will be returned by that date as agreed.
Both the landlord and the tenant will sign this agreement in two identical copies to ensure it is legally binding.
By signing this document, both parties agree that there are no additional obligations or pending matters to be completed besides those specified here, releasing each other from any future responsibilities concerning the ended rental agreement.
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The parties, the Renter and Renter, confirm their agreement to all the terms and conditions of this Rental Contract Termination Term after reading and fully understanding it, signing two identical copies to make it legally binding.
This agreement must be signed in front of two witnesses, who confirm that they have read and understood the document and will verify the authenticity of the parties’ signatures.
The parties and witnesses must sign at the specified location and date indicated in the header of this Termination Term document, acknowledging its validity and effectiveness.
The act of signing Renter and Renter signifies agreement to all terms stated and relinquishment of any potential future claims that may conflict with the agreed terms in this document, in accordance with Article 421 of the Brazilian Civil Code, which emphasizes the social role of contracts and the duty to fulfill the assumed obligations.
The parties consent to the terms stated above and sign this document.
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