North Carolina Association of REALTORS®, Inc.
Tenant Initials _______ _______
STANDARD FORM 426-T
Adopted 7/2022
EARLY TERMINATION OF RESIDENTIAL RENTAL CONTRACT
[NOTE: This form may be used to terminate a lease entered into using the Residential Rental Contract (Form 410-T). It should not be
used in situations where the tenant has a legal right to early termination of their lease, including, but not limited to, the rights of a
servicemember under the Servicemembers Civil Relief Act]
Tenant: ___________________________________________________________________________________________________
Landlord: _________________________________________________________________________________________________
Premises:__________________________________________________________________________________________________
Real Estate Management Firm: _________________________________________________________________________________
Beginning Date of Lease: _______________ Ending Date of Lease: ________________
This Early Termination of Residential Rental Contact (“Agreement") is entered into between Landlord and Tenant (the “Parties”) for
the purpose of terminating a Residential Rental Contract ("Rental Contract") between the Parties for the Premises prior to the Ending
Date of the Rental Contract. This Agreement will be effective when it has been signed by all of the Parties (“Effective Date”).
AGREEMENT
(CHECK ONLY ONE OF THE FOLLOWING OPTIONS):
LEASE TO REMAIN IN EFFECT UNTIL NEW TENANT SECURED
1. Continued Compliance With Terms of Rental Contract: Other than as specifically modified by this Agreement, all terms of
the Rental Contract will remain in full force and effect until a new tenant is procured and the new tenant’s lease term begins, and
Tenant agrees to comply with all Tenant’s obligations under the Rental Contract, including but not limited to, timely payment of
rent, maintenance of utilities which are billed to Tenant, allowing access to the Premises for showings to prospective tenants, and
yard maintenance, if applicable. Tenant acknowledges and understands that Tenant’s obligations shall apply both before and after
Tenant vacates the Premises.
2. Move Out Date: Tenant agrees to vacate the Premises no later than (date)_________________ at (time) _______________
(“Move Out Date”). On or before the Move Out Date, Tenant shall comply with all duties set forth in the “Tenant’s Duties Upon
Termination” paragraph of the Rental Contract, including, but not limited to, the duty to remove all Tenant’s personal property from
the Premises and to return all keys and other means of access to the Premises and any amenities. If required by the Rental Contract,
Tenant also agrees to have the Premises professionally cleaned on or before the Move Out Date.
3. Effective Date of Rental Contract Termination: The Rental Contract shall be considered terminated upon the beginning date
of a new tenant’s lease term or the Ending Date of Tenant’s Lease, whichever occurs sooner (“Effective Date of Rental Contract
Termination”). Following the Effective Date of Rental Contract Termination, Landlord and Tenant shall have no further obligation
to each other under the Rental Contract except as may be specifically set forth in this Agreement.
4. Efforts to Re-Rent Premises: Landlord agrees to use reasonable efforts to re-rent the Premises in order to mitigate Tenant’s
damages for Tenant’s early termination of the Rental Contract.
5. Security Deposit: Upon the Effective Date of Rental Contract Termination, Tenant’s security deposit will be disposed of in
accordance with the Rental Contract and the Tenant Security Deposit Act. Tenant understands and acknowledges that Tenant's
security deposit cannot be used to pay the last month’s rent.
6. Reimbursement of Pre-Paid Rent. If a new tenant pays rent for any period of time for which Tenant has pre-paid the rent, Tenant
will be reimbursed a portion of the rent pre-paid by Tenant, prorated based on the period of time paid by the new tenant.