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rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 36398
Experience:  30 years as a Texas lawyer dealing in landlord tenant
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My landlord recently offered me a Termination of Residential

Customer Question

My landlord recently offered me a Termination of Residential Lease Agreement after confronting him with my concerns over the legality of his renting the property, brought on after researching the subject due to his suspicious behavior and multiple requests that I vacate the premise when appraisers would visit the premise. I have already been advised by an expert on this website that even if the landlord were involved in what appears to be felony mortgage fraud, as a tenant I would not be legally involved. However, if I were to ever do or say anything that implied he was the primary resident during my time here if asked by his lender that I could be considered an accomplice to the fraud.The third section of the Termination Agreement reads as follows:"3. Mutual Release. Upon Tenant satisfying applicable obligations set forth in the original agreement, Landlord releases, discharges and waives any claims known or unknown, against Tenant, arising out of or in any way connected with the Lease after the date hereof, and Tenant releases, discharges and waives any claims, known or unknown, against the Landlord, it's successor or prior owner, arising out of or in any way connected with the originating Lease."Would you be able to clarify this section? What exactly am I waiving a claim to? Does this effect my claim to the deposit? Would this in any way impact how I could potentially respond should I ever be contacted by his lender regarding the nature of my time living here?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  rayanswers replied 5 months ago.
Hi and welcome to JA. Ray here to help you today. Here this waives any right you have to sue landlord for security deposit or other causes.It also waives his right to sue you for damages or similar claims.This is pretty standard where both parties agree to terminate the lease.As long as you are getting your deposit back I think this is a fair resolution of the tenancy.It allows you to move forward and find a new place and you get your deposit back. Unless you were planning to sue landlord this is a pretty good resolution especially if you are tired of dealing with this person and this situation. I appreciate the chance to help you today.Thanks again.

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