Express surrender occurs by written agreement, while surrender by operation of law arises from conduct inconsistent with the continuing tenancy, such as the landlord reletting for its own account.
Acceptance discharges the tenant's future obligations.
Alternative Names:
Surrender|Lease Surrender
Why it Matters?
Landlord conduct after abandonment determines whether surrender occurred, and reletting for the landlord's own account rather than on the tenant's behalf accepts surrender and discharges future rent. Distinguishing mitigation from acceptance is therefore critical, and landlords should document that reletting efforts are on the defaulting tenant's account. Entering to secure or repair the premises does not constitute acceptance where documented as protective.
Frequently Confused with
Related terms
Frequently asked questions
What conduct accepts surrender?
How does a landlord preserve the claim?
