Clause LibraryEarly Termination
Early Termination Clause
Termination
critical risk
both lease
What happens if a party ends the lease before the term expires.
Tenant-friendly language
“Tenant may terminate with 60 days' notice and forfeiture of the security deposit as liquidated damages.”
Landlord-friendly language
“Tenant remains liable for all rent through the term plus a re-letting fee.”
What to watch out for
Full-term liability with no duty to mitigate, large re-letting fees, acceleration clauses.
How to negotiate
Insist on a duty to mitigate and a cap (e.g., 2 months' rent) on early-termination damages.
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