Other

TXR 2012 — Early Termination of Residential Lease

Agreement between a landlord and tenant(s) to terminate a residential lease before its expiration. Identifies the parties, property and original lease; sets the termination date (11:59 p.m.), the tenant's obligations (prorated rent, surrender condition, return of keys), the security-deposit refund terms, and the early termination fee and its due date; both parties release each other from the lease except for the promises in this agreement.

Source: TXR
Form Number: 2012
Category: Other
Revised: July 8, 2022

Used For

Residential Sales, RESIDENTIAL_LEASING

Form Outline

The TXR 2012 form is organized into the following sections:

  1. Parties and Property Identification
    "CONCERNING THE RESIDENTIAL LEASE BETWEEN ___ (Landlord) AND ___ (Tenant(s)) FOR THE FOLLOWING PROPERTY: ___". The property is repeated in the running header of page 2.
  2. A. Prior Agreement
    "On or about ___, Landlord and Tenant entered into a Residential Lease ("Lease") of the above-mentioned Property."
  3. B. Definitions
    Defines 'normal wear and tear' as deterioration without negligence, carelessness, accident, or abuse. Defines 'surrender' as when all occupants have vacated (per landlord's reasonable judgment) and the termination date has passed. No blanks.
  4. C. Termination Date
    "The parties agree to terminate the Lease at 11:59 p.m. on ___. All occupants must vacate the Property no later than this date."
  5. D. Tenant Obligations
    Three tenant obligations: (1) Pay prorated rent through the termination date and comply with all lease terms until then. (2) Surrender the property in the same condition as received, normal wear and tear excepted, clean and free of trash/debris/personal property. (3) Return all keys and access devices by the termination date. No blanks.
  6. E. Security Deposit
    Security deposit handling: Landlord may deduct reasonable charges per the lease. The balance, with itemized deductions, must be refunded within 30 days of surrender. The landlord's refund obligation is triggered only after the tenant provides a written forwarding address. No blanks.
  7. F. Termination Fee
    "Upon execution of this termination agreement, Tenant will pay Landlord a fee of $___ as an early termination fee. The Termination Fee is due no later than ___." The fee may cover reletting costs and liquidated damages for possible future lost rent.
  8. G. Special Provisions
    Unruled space under the heading on page 2 for any additional terms the parties wish to include.
  9. H. Default
    Default provisions: Tenant's non-compliance (including failure to timely pay the termination fee) makes the agreement voidable at the landlord's discretion. Landlord's non-compliance entitles the tenant to seek any relief provided by law. No blanks.
  10. I. Agreement of Parties
    Standard legal provisions: (1) Entire agreement, changes only by written agreement. (2) Termination fee obligation binds tenant and their heirs/successors. (3) All tenants jointly and severally liable. (4) Severability clause. (5) Texas law governs. No blanks.
  11. J. Release
    A mutual release where both parties release each other from ALL obligations under or related to the original lease, except for the obligations created by this early termination agreement itself. No blanks.
  12. Execution and Signatures
    Two Landlord signature lines and four Tenant signature lines, each with a Date beside it; "Or signed for Landlord under written property management agreement or power of attorney: By: ___ Date" for the Landlord's representative, with the Broker's Associate's Printed Name, the Broker's Printed Name and License No., and the Firm Name printed beneath. Signature lines are e-sign tabs placed when the document is sent.

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