Landlord is requiring a "Do not Sue clause" (apartment, lease agreement)
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My landlord has a "Release Agreement" as part of a Lease Rider. Please what does it mean if I sign? What rights have I given up? Any specific and releastic scenarios would help. The apartment is in Long Island. The landlord seems nice and may be open to rewording the clause. He indicated that the landlord's association advices this to be included in the lease. Any help on if there is a compromise or should I refrain from signing the "clause" ?
It states the following:
I/We the above named Releasor, execute this release with the express intention of extinguishing the obligations as set herin set forth.
In consideration of the attached lease agreement, receipt of which is acknowledged, we for ourselves and our heirs, legal representatives, and assigns, release and discharge Releasee and his heirs, legal representatives, and assigns, from all claims and causes of action that we or either of us ever had, now have, or may have in future, known and unknown, or that any person claimining through us or either of us may have or claim to have, against Releasee or his heirs, legal representatives, or assigns by or arising out of :
- Lease Agreeement for property located at : XYZ Street, ACity, NY
I have read this release; understand the terms used in it and their legal significance, and have executed the release voluntarily.
The language if that lease clause is basically legalese gibberish. No such agreement can abrogate your rights under the laws and statutes, especially for housing, of the state and municipality where you will reside.
IMo this isn't keeping you out of court if the LL does anything against the law. A LL and a tenant both have to obey the law...no paper stating you won't sue will prevail, JMO!
IMo this isn't keeping you out of court if the LL does anything against the law. A LL and a tenant both have to obey the law...no paper stating you won't sue will prevail, JMO!
It might a good idea to read some of the contracts you sign.. I have a feeling YOU may just have a surprise coming. Most if not all contracts today have some sort of you agreeing to arbitration instead of a law suit written in to the contract.
Interesting... I have seen commercial leases with mandatory arbitration and in some Real Estate Purchase Agreements...
There is a basic tenant in my lay understanding of the law where a provision contrary to law or public policy is unenforceable...
The real question is... why would you want to put yourself in that position?
You always have the option to modify the agreement by striking out parts you do not agree with and having all parties initial the changes... I've done it before and it held up with a local Housing Authority... they were not happy about it...
Interesting... I have seen commercial leases with mandatory arbitration and in some Real Estate Purchase Agreements...
There is a basic tenant in my lay understanding of the law where a provision contrary to law or public policy is unenforceable...
The real question is... why would you want to put yourself in that position?
You always have the option to modify the agreement by striking out parts you do not agree with and having all parties initial the changes... I've done it before and it held up with a local Housing Authority... they were not happy about it...
"contrary to law or public policy is unenforceable..."
That's open for debate when you sign a contract.. But it keeps the attorneys busy..LOL
For some reason I think the LL in question is trying to protect themself from people that make their living by suing others.
I've seen this type of language in other leases/rental agreements.
I think a lot of what might or could happen down the road if there was a situation to arise will depend upon your state laws.
Where I live, a contract that you sign that essentially has you giving up rights is unenforceable. Since you're not a lawyer, you're not expected to know the rights to which you're entitled and may be asked to sign away. Of course, it takes legal action and expenses to get past that contract hurdle, but it can easily be done on basic renter's rights issues.
However, why set yourself up for a risky situation? You've got a landlord here who is raising red flags about your tenancy and possible adversity. Why mess with it if there's other, better situations to rent?
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