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Surrender
Download India-focused templates for surrendering leases: deed of surrender of tenancy, surrender of leased flat, and a compiled surrender pack with drafting tips.
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Quick Overview
All templates are provided for reference and should be reviewed by legal professionals before use.
Frequently Asked Questions
Common questions about Surrender legal templates
What is a Deed of Surrender of Tenancy?
It is an agreement by which a tenant voluntarily yields up the leased premises to the landlord before or on lease expiry, ending all rights and obligations prospectively.
When should a surrender deed be used instead of a termination notice?
Use a surrender deed when both landlord and tenant mutually agree to end the lease early or on expiry with settled terms (deposit refund, damages, dues), avoiding disputes.
Does a surrender deed require registration or stamping?
Stamp duty is generally payable (often as a release/cancellation or as per state schedule). Registration may be required where the original lease was registered or if possession/rights are affected; check state law.
What key clauses should a surrender deed include?
Effective date, premises description, delivery of vacant possession and keys, condition of property/repairs, settlement of rent/outgoings, deposit refund/adjustment, indemnities, releases/waivers, and handover checklist.
How is security deposit handled on surrender?
State the refund amount, timeline, and permitted deductions for unpaid rent, utilities, and restoration. Attach or reference a final statement of accounts and inventory.
What documents should accompany the surrender?
Original lease and addenda, NOCs if required (society/lessor), photographs and handover report, meter readings, keys/access cards log, and no-dues certificates for utilities.
Is landlord consent always required for surrender?
Yes. Surrender is consensual. If the lease allows unilateral early termination, follow that clause; otherwise, execute a mutual surrender deed.
How to record vacant possession and handover?
Use a possession handover memo on the surrender date with meter readings, key counts, asset list, and signatures of both parties; annex it to the deed.
What if the premises is a leased flat in a society?
Include society/NOC compliance, transfer of parking/amenities tags, clearance of maintenance dues, and intimation to the society/manager about handover.
Any risks if we don’t execute a formal surrender?
Yes. Disputes on continuing rent, damages, and deposit refunds may arise. A signed and, where applicable, stamped/registered deed provides clear closure.