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lease extension -- surrender agreement!

Started by oolala
over 9 years ago
Posts: 15
Member since: Jun 2012
Discussion about
hi so Im extending my lease by 2 months after 2 years of renting my current apt. But the management says they dont do lease extension agreements anymore, instead I have to sign the 1 year lease renewal and then sign a surrender agreement that indicates the date of my vacate date. I have never done this this way before and am a bit worried since I have to sign a 1 year lease first. Because once its signed, its signed, right? Could there be any issues caused by this? and is this method used often for lease extensions? Please help!! I would really really appreciate it!
Response by 30yrs_RE_20_in_REO
over 9 years ago
Posts: 9877
Member since: Mar 2009

Is the surrender agreement bilateral and indicate that you will be relieved of your obligations under the lease?

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Response by fieldschester
over 9 years ago
Posts: 3525
Member since: Jul 2013

How have you done it before?

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Response by 30yrs_RE_20_in_REO
over 9 years ago
Posts: 9877
Member since: Mar 2009

That is exactly how I have done it before.

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Response by oolala
over 9 years ago
Posts: 15
Member since: Jun 2012

so they said they cant send me the surrender agreement until I sign the lease renewal, they only sent me a sample. in the sample it says

Landlord consents to and accepts the Tenant's termination of the Lease and accepts the Tenant's surrender and vacating of

the apartment on the Vacate Date if Tenant meets the requirements set forth herein. Landlord will execute this surrender

agreement and Tenant will no longer be responsible for rental payments for the unexpired term of the lease only after the

following items are satisfied by Tenant:

a. Tenant pays off any outstanding balances owed to date within 7 days of the above date.

b. Tenant pays last month rent within 7 days of the above date.

Tenant agrees to pay Landlord for rent and any other additional charges obligated by original Lease till the Vacant Date.

Tenant agrees to allow Landlord or his Agents to show the Apartment to possible or new tenants during reasonable hours.

Owner agrees to return security deposit within 4-6 weeks after Vacate Date, subject to an inspection of the apartment.

This agreement shall have no effect and Tenant should be constrain to the full term of the original lease if not signed and

executed by Landlord and Tenant within 10 days of the above date.

In consideration for Landlord's agreements hereunder Tenant does, for himself and his heirs, distributes, personal

representatives, successors and assigns, remise, release and forever discharge the Landlord, its successors and assigns,

from all manner of actions, causes of action, suits, debts, dues, sums of money, accounts, rent overcharges, reckonings,

bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,

judgments, acknowledgments, extents, executions, claims and demands whatsoever, in law, admiralty, administrative

determinations or in equity, which Tenant, his successors and assigns ever had, now have, or may have, now or hereafter,

against the Landlord for, upon or by reason of any matter, cause or thing whatsoever arising from or out of his

tenancy/occupancy of the Apartment or the termination thereof, from the beginning of the world to the day of the date

hereof.

I know its really long, but please help me out. I have no knowledge in this :(

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Response by oolala
over 9 years ago
Posts: 15
Member since: Jun 2012

I guess what I'm worried about is the fact that I have to sign the lease renewal for 1 year first.

Like how can I be assured that the lease won't remain effective? I know I will be signing the surrender agreement but that is after I sign the lease so I feel like right now there is nothing that can assure me and that's why I'm worried!

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Response by oolala
over 9 years ago
Posts: 15
Member since: Jun 2012

Oh! and to the question "how have you done it before?" I have never extended my lease actually but I know people who have signed lease extension agreements instead of signing the whole year + surrender agreement

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Response by CCL3
over 9 years ago
Posts: 430
Member since: Jul 2014

Tell them you want to add a provision in your lease renewal saying subject to the separate surrender agreement in the form of the sample provided.

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Response by truthskr10
over 9 years ago
Posts: 4088
Member since: Jul 2009

Judges are very tenant friendly, especially when the tenant does everything proper and pays their rent.
Landlords are highly paranoid because of this and want all their paperwork in hand, thus the reason for having the lease first.
If you have a good portion of your surrender agreement conversation by mail or email, I wouldnt worry.
If its all by phone, CCL3's suggestion is excellent.

Just make sure you have a live person's name who is responsible for these procedures at the landlord's office.
One you can contact (or pester), go to landlord's office if need be should there be a delay in receiving the surrender agreement. This might happen not out of landlord trying to screw you but out of laziness.

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Response by oolala
over 9 years ago
Posts: 15
Member since: Jun 2012

Thank you all so much for the help!

so most of the conversation was by email, and they said they would send me the surrender agreement as soon as they receive my lease renewal. so I didnt ask for what CCL3 suggested, but since I have the conversation with the person at the landlords office, (and its actually a pretty big management) so I shouldnt be worried, right?
I just didnt even know if lease extensions work this way before I posted this...

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