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A Study on the Surrender of Real Estate and Rental Claims in U.S. Property Law

  • Korea Real Estate Review
  • 2016, 26(2), pp.39-58
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate
  • Published : June 30, 2016

Kim, Sang-Jin 1

1세명대학교

Accredited

ABSTRACT

A residential tenancy is terminated by either: (1) Abandonment; (2) Surrender; or (3) Unlawful Detainer. Agents should never be involved with the: (1) Abandonment; (2) Surrender; or (3) Unlawful Detainer process on behalf of the owner. The agent should not post notices, leave business cards or do anything to assist the owner with the abandonment, surrender or unlawful detainer process. Surrender is a “mutual written agreement” between landlord and tenant to terminate the lease. A surrender is accomplished when the tenant gives a 30-day written notice terminating a month-to-month tenancy. A surrender may also be accomplished when a tenant gives written notice of an early termination of the lease (i.e., tenant wants to vacate the premises early). The landlord should carefully review any surrender agreement to make sure that they are not releasing the tenant from amounts that remain unpaid under the lease. Perhaps the most common situation giving rise to a claim of surrender by operation of law is the re-letting of the premises to a new tenant after a lessee has abandoned them before the end of his term, notice of intention to continue to look to the original lessee to make up deficiencies, if any, sometimes being given and sometimes not. Whatever may be said as to the proper holding on sound legal reasoning, it is certainly true that the courts are holding that such re-letting does not necessarily bring about a surrender by operation of law; particularly is this true where the lessor has given notice to the first lessee that the new lease is made on his account, or without prejudice to any claims against him on the original lease. This way the eviction is to be handled by court order and the lock-out by the Sheriff. This is the safest way to evict a tenant with the least amount of exposure.

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