Definition for Surrender of Lease
Surrender of Lease refers to the legal process through which a tenant voluntarily returns their leasehold interest in a property to the landlord, effectively terminating the lease agreement prior to its natural expiration date. This act relinquishes the tenant's rights in the leased property, allowing the landlord to regain full possession and control.
Inclusive Elements
- Voluntary Agreement: Both the tenant and the landlord agree to the early termination of the lease.
- Legal Documentation: Execution of a deed of surrender or similar legal document formalizing the termination.
- Leasehold Interest: The tenant's leasehold interest in the property is fully extinguished.
Exclusive Elements
- Forced Eviction: Does not involve legal actions taken by the landlord to forcibly remove the tenant.
- Lease Expiration: Is distinct from the natural expiration of a lease term.
Exceptions and Qualifications
- Penalty Clauses: Some leases may include clauses that impose penalties or require compensation for early termination.
- Negotiated Terms: The specific terms and conditions of the surrender may vary and are often subject to negotiation between the tenant and landlord.
Other Terms related to Surrender of Lease
n. the lease to another of all or a portion of premises by a tenant who has leased the premises from the owner. A sublease may be prohibited by the original lease, or require written permission from the owner.