The Cancellation Of Lease Agreement By Tenant is a crucial document used in the Belgian property market when a tenant wishes to formally terminate their lease agreement. It must comply with the Belgian Civil Code and regional regulations (Brussels-Capital, Flanders, or Wallonia), each having specific requirements for notice periods and termination conditions. This document is essential for properly documenting the termination process, protecting both tenant and landlord rights, and ensuring a smooth transition of property possession. It typically includes details about the property, parties involved, termination date, security deposit arrangements, and final inspection requirements. The document can be used for both residential and commercial properties, though specific requirements may vary. Given Belgium's complex housing legislation, including both federal and regional requirements, this document must be carefully drafted to ensure full legal compliance and enforceability.
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1. Parties: Identification of the tenant(s) and landlord(s), including full legal names, addresses, and contact information
2. Background: Brief overview of the existing lease agreement, including its start date, property address, and reference number
3. Definitions: Definition of key terms used in the document, including 'Lease Agreement', 'Termination Date', and 'Notice Period'
4. Notice of Termination: Formal declaration of the tenant's intention to terminate the lease, specifying the termination date
5. Legal Basis: Reference to relevant provisions of Belgian law and the original lease agreement that permit the termination
6. Termination Date: Clear statement of the intended final day of the lease, ensuring compliance with notice period requirements
7. Property Inspection: Arrangements for final property inspection and inventory check
8. Security Deposit: Provisions regarding the return of the security deposit and settlement of any outstanding charges
9. Handover Arrangements: Details of key return, meter readings, and practical arrangements for moving out
10. Signatures: Space for dated signatures of all parties involved
1. Early Termination Justification: Required when terminating before the standard notice period, explaining legitimate reasons under Belgian law
2. Outstanding Payments: Section addressing any remaining rent, utilities, or other charges to be settled
3. Forwarding Address: New contact details for the tenant for future correspondence and deposit return
4. Mutual Agreement Provisions: Additional terms if the termination is by mutual consent of both parties
5. Property Damage Declaration: Section addressing any existing damage or repairs needed, if applicable
6. Force Majeure Circumstances: Required when termination is due to extraordinary circumstances like natural disasters or emergency situations
1. Schedule 1 - Original Lease Agreement: Copy of the original lease agreement for reference
2. Schedule 2 - Property Inventory: Current inventory list and condition report of the property
3. Schedule 3 - Photographic Evidence: Recent photographs of the property's condition
4. Schedule 4 - Utility Accounts: List of utility accounts and final reading arrangements
5. Appendix A - Supporting Documentation: Any supporting documents justifying early termination if applicable
6. Appendix B - Inspection Checklist: Detailed checklist for final property inspection
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