Surrender Of Lease Deed Template for Denmark

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Surrender Of Lease Deed

Document background

The Surrender of Lease Deed is a crucial document in Danish property law, used when both landlord and tenant agree to terminate a lease agreement before its scheduled end date. This document is essential in situations where early termination is desired by mutual agreement, such as when a tenant needs to relocate or a landlord requires the property for different purposes. The deed must comply with both the Danish Lease Act (Lejeloven) for residential properties and the Business Lease Act (Erhvervslejeloven) for commercial properties. It typically includes detailed provisions about the surrender date, property condition requirements, settlement of accounts, return of deposits, and mutual releases from future obligations. The document serves as formal evidence of the termination and helps prevent future disputes by clearly documenting the agreed terms of surrender.

Suggested Sections

1. Parties: Identification of the Landlord and Tenant, including full legal names, registration numbers (if companies), and addresses

2. Background: Brief recital of the original lease details, including date of execution, premises description, and the parties' mutual agreement to surrender

3. Definitions: Definitions of key terms used in the deed, including 'Premises', 'Lease', 'Surrender Date', etc.

4. Surrender: Core provision documenting the tenant's surrender and landlord's acceptance of the premises, specifying the effective date

5. Consideration: Details of any surrender premium or other financial consideration for the early termination

6. Condition of Premises: Statement regarding the condition in which the premises must be returned

7. Settlement of Accounts: Provisions for settling any outstanding rent, service charges, utilities, and other payments

8. Release of Obligations: Mutual release of future obligations under the lease, subject to any surviving provisions

9. Return of Keys and Security Deposits: Provisions regarding the return of all keys and the handling of any security deposits

10. Governing Law: Specification that Danish law governs the deed

Optional Sections

1. Third Party Rights: Required when there are guarantors, subtenants, or other third parties with rights under the original lease

2. Surviving Obligations: Include when certain obligations are intended to survive the surrender

3. Tax Provisions: Include when there are specific tax implications that need to be addressed

4. Confidentiality: Include when parties wish to keep the terms of the surrender confidential

5. Dilapidations Settlement: Include when there are outstanding repair obligations being settled as part of the surrender

6. Registration: Include when the original lease was registered and requires formal de-registration

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the premises being surrendered, including any relevant plans

2. Schedule 2 - Inventory: List of any fixtures, fittings, or equipment included in the surrender

3. Schedule 3 - Condition Report: Detailed report on the condition of the premises at surrender

4. Schedule 4 - Settlement Statement: Detailed breakdown of all financial settlements between the parties

5. Schedule 5 - Original Lease: Copy of the original lease agreement and any subsequent variations

6. Schedule 6 - Handover Protocol: Checklist and procedure for the physical handover of the premises

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