I am living in New York with a rent stabilization apartment. Recently land lord is trying to buy out my apartment and send me a "surrender of lease". In the agreement, there is one term said "Tenant agrees and recognizes that the terms of this Agreement are of a proprietary and confidential nature to the Landlord and that, consequently, you, at any time now or in the future, will not divulge any of the terms of this settlement to any individual or entity, unless you are compelled to do so pursuant to the order of a court of competent jurisdiction or valid subpoena."
Is that meaning I cannot share the agreement with any lawyers or third party? Is it legal for land lord to do so? If it is ok, how could I get consult from legal service? I am worrying if land lord is trying to cheat me from the agreement. Please give me some advice.
Dear New York Tenant:
A client and attorney relation is confidential. You are not in breach of the confidentiality clause if represented by an attorney.
Rather than ask one question for each paragraph consider the fact that terms and conditions often found in these agreements are indeed strange to you but not so to a lawyer.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
These types of clauses, in my experience, are quite common in litigation settlements and various types of agreements.
But of course you can have counsel review first - and I would suggest that too.
I agree these types of clauses are common in settlements. You still may (and should) have it reviewed by an attorney. You may be able to get more. The attorney/client relationship is privileged and confidential, so letting your attorney see the agreement would not violate it because your attorney cannot disclose the terms of the agreement.
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