while many aspects of landlord-tenant agreements are tried and true, what happens when an aggressive and creative landlord — or more likely the landlord’s attorney — inserts a provision into the lease that is unusual and then tries to enforce that provision through litigation? this review has led to litigation over the meaning and enforceability of such clauses. an early out clause essentially allows a landlord to terminate a lease before the expiration of its term as long as the landlord provides advanced notice and consideration in the form of a termination fee in exchange for the right to early termination.