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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I had to break my lease with 3 months left. This is in Manhattan. If

Resolved Question:

I had to break my lease with 3 months left. This is in Manhattan.

If the landlord and I signed a surrender agreement, am I still liable for unpaid future rent (the 3 months left on my lease)?

The agreement is below, however, I've removed identifying information:

SURRENDER AGREEMENT
An Agreement to end occupancy or tenancy of an apartment
Date of this Agreement
Information from
Original Lease
Date:
Landlord:
Occupant(s) or Tenant(s):
Description of Occupied Premises:

Payment for
The Landlord accepts the keys and possession of the premises. Any rental agreements are merged herein and terminated.

Tenant’s Statement

Tenant/Occupant releases and discharges Landlord, Landlord’s agents, heirs, executers, administrators, successors and assigns from all actions suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, extent, executions, claims, and demands whatsoever admiralty or equity, which against the landlord, the tenant, tenant successors, and assigns. The tenant/occupant has not and will not do anything, which would give anyone a claim against the premises.
Release and Possession

Tenant/Occupant generally releases and discharges Landlord, Landlord’s agents, heirs, executers, administrators, successors and assigns from all actions suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, extent, executions, claims, and demands whatsoever admiralty or equity, which against the landlord, the tenant, tenant successors, and assigns ever had, now had or hereafter can/shall/or may have for upon or any reason matter cause omission whatsoever, and more particularly with respect to occupancy or premises releases from all obligations and/or claims arising out of the premises to date. The agreement may not be changed orally.

Tenant shall vacate by March 31, 2013, after which time the Landlord may commence an action or proceeding to recover possession of the premises. Tenant shall be liable for all costs and reasonable attorney’s fee in furtherance of obtaining vacant possession or monetary claims arising out of the premises or this agreement. Tenant shall be liable for the wrongful holding over or possession of any occupant after the above date.

I have read this agreement, understand it and am signing it despite the absence of legal counsel.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Because the above states that any other agreements are merged and terminated, you do not now owe anything on the original lease, since the original lease by the terms of this document are terminated.

Unless this agreement specifies you would make some type of pay out upon termination, as it has terminated the original lease no further money is going to be owed on the original lease.



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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 92698
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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