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I have an agreement with my apartment complex. It has not…

Customer Question
I have an agreement...

I have an agreement with my apartment complex. It has not been signed and I would like an amendment. First to stipulate that I can still hold them liable for any and all occurrences should they fail to provide a safe habitable apartment for the duration of the new lease period.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Second that I am not to be liable for damages in apartments 3105 and 3117 Because 3117 had a fire and 3105 had a flood and water damage I was not responsible for either. Thus I do not want to be liable for damages

Lawyer's Assistant: What steps have you taken so far?

Oh sorry Houston tx

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes to quickly sum up I have had habitability issues and many other issues for 8 months and as a result I brought suit against the apartment to date I have continued to have issues and have finally have agreed to this in an effort to live in a safe and habitable home. I will be doing it at less than a third of what awarded compensation stands to be so Because of this I am unwilling to comprise on having the ability to hold them to account for it all if they do not provide a safe habitable apartment for the duration of the new lease and I also cannot compromise on being held responsible for a fire or flood and any resulting damage

Submitted: 4 months ago.Category: Landlord-Tenant
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3/28/2018
Lawyer: Infolawyer, Attorney replied 4 months ago
Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 63,654
Experience: Experience representing landlords and tenants.
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what can I answer for you?
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Customer reply replied 4 months ago
I have an agreement with my apartment complex. It has not been signed and I would like an amendment.First stipulating that I can still hold them liable for any and all occurrences should they fail to provide a safe habitable apartment for the duration of the new lease period.Second Second that I am not to be liable for damages in apartments 3105 and 3117 Because 3117 had a fire and 3105 had a flood and water damage I was not responsible for either. Thus I do not want to be liable for damagesWhere do I send the agreement?
Customer reply replied 4 months ago
Actually I see where I can attach it here one moment I will send it ;)
Customer reply replied 4 months ago
For some reason it's not allowing me to save it so I have copied and pasted below ;)
Customer reply replied 4 months ago
March 26, 2018
AGREEMENT AND RELEASE
​WHEREAS, a dispute has arose among the Parties regarding the condition of the apartment unit currently occupied by Alyssa Morgan and all Occupants located at Turtle Pointe Apartmentslocated at***** Houston, TX 77063 (Turtle Pointe Apartments);
​WHEREAS, the Parties desire to avoid the risks and expenses attendant upon the escalation of this dispute and to settle, once and forever, all demands and claims that comprise or are embraced within said dispute;
​WHEREAS, the Parties understand and agree that this settlement is a full and complete compromise of claims as provided in this Agreement, and that any payment given hereunder is not to be construed as an admission of liability or wrongdoing;
​NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
​​ Upon execution of this Agreement by Alyssa Morganand all Occupants, and as consideration for this Agreement, Turtle Pointe Apartments hereby agrees to 1) Alyssa Morgan and all Occupants be released from lease on units #3117 and #3105 without penalties as of April 1, 2018. 2.) Alyssa Morgan and all Occupantswill transfer to Unit #2209 with a one year lease beginning no later than April 1, 2018 at a rate of $715.00 per month after completion of repairs to the patio of unit #2209. 3.) A credit of $1,787.50 will be applied to Unit # 2209 on the day of move-in. 4.) Providing there are no damages other than normal wear and tear Alyssa Morgan and all Occupants full security deposit in the sum of $300.00 will be transferred to Unit #2209.
​For and in consideration of the mutual covenants contained herein and other valuable consideration, Alyssa Morgan and all Occupants does and has hereby remised, released, and forever discharged, and by these presents does for himself, and for his assigns, agents, representatives, attorneys, heirs, executors, administrators, beneficiaries, and privies, The Turtle PointeApartments and WRH Realty Services, Inc. and their present, former, and future parents, subsidiaries, and affiliated companies, each of the foregoing’s insurers, reinsurers, predecessors in interest, and successors, and each of the foregoing’s past, present, and future officers, directors, employees, servants, attorneys, legal and beneficial shareholders, partners, privies, representatives, assigns, and agents, of and from all manner of actions, causes of action, lawsuits, claims, damages, debts, obligations, liabilities, promises, defenses, agreements, costs, expenses (including attorneys’ fees), and demands of whatever kind or nature, whether known or unknown, that Alyssa Morgan and all Occupants has, had, or may hereafter claim to have, as of the date of this Agreement, in law or in equity, whether based on statute, tort, contract, or other theory of recovery, including without limitation those which comprise, arise from, are related to, are based upon, or are connected with the dispute and lease agreement referenced above.
​​Alyssa Morgan and all Occupants further agrees and covenants not to sue or bring any proceeding, complaint or other action, in law or in equity, including without limitation, any action in any court, arbitration forum, government agency, administrative body and/or licensing body whether by original process or demand, claim, counterclaim, cross-claim, third-party process, interpleader, claim for indemnity or contribution, or otherwise, against any of the parties released in this Agreement for any matter settled and released in this Agreement.
​​The Parties represent and warrant that they are the owners of all claims settled and released herein, that they have the authority to release all claims settled and released herein, and that they have not heretofore assigned to any other person or entity all or any portion of any claim settled and released herein.
​5.​No Admission of Liability. The Parties acknowledge and agree that this is a compromise settlement that is not in any respect, nor for any purpose to be deemed or construed to be, an admission or concession of any position or any liability or wrongdoing whatsoever on the part of any Party.
6.​Confidentiality. This Agreement shall remain confidential between the Parties hereto and each agrees not to disclose the Agreement or its terms to anyone unless necessary to perform obligations under this Agreement or ordered to do so by a court of competent jurisdiction. In the event that a third party seeks disclosure from a party hereto through a subpoena or other discovery procedure, then that party shall notify the other parties individually or through its attorney, before the time to object has expired, in order to afford the other parties an opportunity to oppose any legal proceeding or discovery procedure seeking disclosure of the Agreement. Each party agrees that it will not publish nor disseminate the terms or conditions of this Agreement to an
Lawyer: Infolawyer, Attorney replied 4 months ago
Are you asking if you can add such amendments?
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
6.​Confidentiality. This Agreement shall remain confidential between the Parties hereto and each agrees not to disclose the Agreement or its terms to anyone unless necessary to perform obligations under this Agreement or ordered to do so by a court of competent jurisdiction. In the event that a third party seeks disclosure from a party hereto through a subpoena or other discovery procedure, then that party shall notify the other parties individually or through its attorney, before the time to object has expired, in order to afford the other parties an opportunity to oppose any legal proceeding or discovery procedure seeking disclosure of the Agreement. Each party agrees that it will not publish nor disseminate the terms or conditions of this Agreement to any other person except those individuals to whom the Parties are obligated by law to disclose the information.
​7.​Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia.
​8.​Waiver of Breach. Waiver by any party to this Agreement of any breach of any provision by any other party shall not operate or be construed as a waiver by the party of any subsequent breach, whether such breach shall be of the same provision or of a different provision.
​9.​No Interpretive Favor. The Parties acknowledge and agree that this Agreement and its provisions shall be construed according to their common or ordinary meaning and without interpretive favor or prejudice to any Party.
Customer reply replied 4 months ago
10.​Counterparts. The Parties acknowledge and agree that this Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.
​11.​Partial Invalidity. If any term or condition of this Agreement or the application thereof to any Party or circumstance shall to any extent be declared invalid or unenforceable, neither the remainder of this Agreement nor the application of such term or condition to any other Party or circumstance shall be affected thereby, and each remaining term or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
​12.​Entire Agreement. The Parties acknowledge and agree that no statements, promises, or representations have been made by any Party to another or are relied on by any Party, other than those specifically set out or identified in this Agreement. No conditions precedent to the effectiveness of this Agreement exist other than those which may be expressly provided herein. This Agreement contains the entire agreement between the Parties with regard to the matters set forth herein. Any prior or contemporaneous written or oral agreements between or among the Parties are merged in and superseded hereby. No amendment, modification or waiver of this Agreement shall be valid unless in writing and signed by all of the Parties.
​13.​Voluntary Execution of this Settlement Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties hereto, with the full intent of resolving the differences between the Parties. The Parties acknowledge that:
​(a) ​They have fully and carefully read this Agreement;
​(b)​They are competent and have been duly authorized to enter into this Agreement;
​(c)​They have been represented in the preparation, negotiation and execution of this Agreement by legal counsel of their own choice or they have voluntarily declined to seek such counsel;
​(d)​They understand the terms and consequences of this Agreement and they have not relied upon any representations or statements made by the other party, which are not specifically set forth in this Agreement;
​(e)​They are fully aware of the legal and binding effect of this Agreement.
14.​The terms of this Agreement are contractual and not a mere recital.
​IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by themselves or on their behalf by their respective attorneys as of the dates set forth ​below
Customer reply replied 4 months ago
Ok that is all of it ;)
Customer reply replied 4 months ago
No I'm not asking if I can make the changes. I am suing them and they drafted this agreement in exchange for my dismissal but I am only willing to dismiss without prejudice in the event they do not provide a safe and habitable apartment for the duration of the new lease. I also do not want to be liable for any damages as a result of both apartments having disasters that I had no responsibility for. I was under the impression that a lawyer would review the agreement and make the necessary amendments.
Customer reply replied 4 months ago
Plus I live in Texas this contract states the laws of Georgia so I don't know if that's beneficial or harmful
Customer reply replied 4 months ago
there corporate offices are in FL so I
Don't even know how Georgia got involved
Customer reply replied 4 months ago
Quite frankly I should sue them I have an excellent case but this whole thing is
Causing stress beyond belief and I just want it to be over so I am willing to concede to this to finally make sure it is but not without an insurance policy so to speak lol
Customer reply replied 4 months ago
More than likely they will do exactly what they have done for the last 8 months which is skirt there responsibility so I'm sure I'll have the chance to go back to court. Which is why I need this to stipulate they must provide a safe and habitable apartment for the duration of my lease or I am free to resume the process with any and all previous occasions/occurrences
Customer reply replied 4 months ago
I understand the game but.. Unfortunately I don't speak confusing legal jargon which is what brought me to you ;)
Customer reply replied 4 months ago
I probably should have mentioned the majority of the issues are because they failed to make repairs and that directly led to exasperating the issues and in some cases making the apartment unsafe so I don't know if that changes the language required but that is what I most afraid will happen with the next lease
Lawyer: Infolawyer, Attorney replied 4 months ago
what can I answer for you?
Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
I don't need a phone call but I don't understand why it says what can I answer like I didn't just type it all out? Are you not seeing my messages? Or can you not help because this is the only thing I needed this for and if you can't help I need to cancel because I told the first person I spoke to that needed an amendment and she didn't say you don't do that. If she had I wouldn't have wasted either or our times
Customer reply replied 4 months ago
can you help with an amendment or not?
Lawyer: Infolawyer, Attorney replied 4 months ago
This is a general information site. We cannot draft amendments to a contract. I will opt out.
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