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Disclaimer: I'm not looking for legal advice.

This is a bit of a follow up to this question. I had signed a lease that automatically switches to month to month but the landlord had admitted he made a mistake and needs me out. We have agreed on a price he will pay me to move out at the end of this month.

As @jimsung mentioned, I would technically be breaking the law if I moved out as I failed to give one months written notice to end tenancy.

Is there some sort of form to sign, such as "agreement not to sue" as we have resolved the situation ourselves, regardless of any contracts?

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You have mentioned that he has agreed to pay you to move out - in this case, he may wish you to sign a contract where you (both) agree that, in exchange for this sum of money you release and discharge each other from any obligations under the previous contract from a certain date onwards, and that from that date you both waive any right of claim, action or any other such proceedings that may be brought to exercise your rights to specific performance or damages as regards to this specific conduct in relation to the lease.

This would likely protect both of you from adverse proceedings from each other, but only for this early discharge of the contract, but not in relation to other breaches of contract as might occur in the interim.

  • Right. Wouldn't such a contract need both parties signatures? – SamT Apr 16 '16 at 23:27
  • Yes, it would . – jimsug Apr 16 '16 at 23:30
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A contract is an agreement between two parties. If you change the agreement you change the contract. Done & done.

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