Legal Eviction Vacate Form

LEGAL EVICTION VACATE FORM

This Eviction Vacate Agreement ("Agreement") is made and entered into as of Date: by and between Landlord Name: (Landlord) and Tenant Name: (Tenant) concerning the premises commonly known as Premises Address: .

RECITALS

WHEREAS, Landlord asserts that Tenant is subject to eviction proceedings for violations of the lease and/or applicable law; and

WHEREAS, the parties desire to avoid further court action and litigation costs by entering into a voluntary vacate agreement under the terms set forth below; and

WHEREAS, Tenant agrees to vacate and surrender possession of the Premises in exchange for the considerations described in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the parties agree as follows:

1. VACATE DATE AND DELIVERY OF POSSESSION

Tenant shall vacate the Premises and deliver possession to Landlord on or before Vacate Date: . Delivery of possession shall include removal of Tenant's personal property, return of all keys, garage/opening devices, and security devices to Landlord.

If Tenant fails to vacate by the Vacate Date, Tenant shall be in default and Landlord may pursue all remedies available at law or equity, including resuming eviction proceedings and recovering resulting damages, including costs and attorney fees as provided in Section 7.

2. CONDITION OF PREMISES; SURRENDER

Tenant shall leave the Premises broom-clean, remove all personal property, and repair damage beyond normal wear and tear. Any personal property left after surrender may be removed or disposed of at Tenant's expense. Tenant authorizes Landlord entry for inspection and any necessary repairs upon vacatur.

3. PAYMENTS, SETTLEMENT AND ACCOUNTING

The parties agree the following amounts are owed and will be resolved as follows:

Payment Method: Payment Due Date:

Landlord shall provide a final accounting of charges and any security deposit disposition in accordance with applicable law within the time required by statute. If no security deposit is held, Tenant acknowledges that fact below.

4. RELEASE; MUTUAL WAIVER OF CLAIMS

Upon Tenant's full and timely performance of all obligations under this Agreement, including vacating the Premises and any agreed payments, Tenant shall release and forever discharge Landlord and its agents, employees and representatives from all claims, causes of action, liabilities and demands relating to the tenancy and eviction through the date of this Agreement, excluding claims for bad faith or fraud. Likewise, Landlord shall release Tenant from claims for possession and related rent for periods through the Vacate Date except as expressly reserved in this Agreement.

5. ATTORNEY FEES AND COSTS

The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorney fees, court costs and collection expenses. Nothing in this paragraph limits Landlord's right to recover statutory fees where such statutory right exists.

6. DEFAULT; REMEDIES

A default by either party under this Agreement shall entitle the non-defaulting party to pursue all remedies available at law or equity, including specific performance, damages, and collection of attorney fees as provided herein. Any delay or forbearance in exercising remedies shall not constitute a waiver of that party's rights.

7. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered in person, by certified mail, return receipt requested, or by a nationally recognized overnight courier, to the addresses set forth below or to such other address as a party may designate by written notice.

8. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of . Venue for any dispute arising under this Agreement shall be exclusively in the state or federal courts located in the county in which the Premises is located.

9. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. If any provision of this Agreement is declared invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

10. AMENDMENT; WAIVER; COUNTERPARTS

Any amendment or modification to this Agreement must be in writing and signed by both parties. No waiver of any breach shall be effective unless in writing. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

11. ADDITIONAL REPRESENTATIONS

Tenant represents and warrants that Tenant has full authority to enter into this Agreement, that the statements made herein are true and correct, and that no other person has an interest in Tenant's right to occupy the Premises except as disclosed in writing to Landlord. Landlord represents that it has authority to enter into this Agreement for the Premises.

Tenant acknowledges that failure to vacate as agreed may subject Tenant to further legal action, monetary damages, and costs. Tenant further acknowledges that execution of this Agreement is voluntary and that Tenant had the opportunity to seek independent legal counsel prior to signing.

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