Real Property Flashcards
Surrender
T abandons: If a T unjustifiable abandons the property, the landlord has several options: may terminate the lease (accept surrender), do nothing, or may repossess/relet.
Terminate lease–accept implicit offer of surrender: courts treat abandonment as implied offer to terminate the lease. Landlord may chose to accept the offer to terminate (accept the surrender) and free T of future liability for rent or reject the offer.
If landlord accepts the surrender, T liable only for accrued rent and damages caused by abandonment.
Landlord does nothing: T liable for for rent currently do (common law; no duty to mitigate)
Landlord repossesses–T’s liability depends on surrender: under majority view, which requires landlord to mitigate, landlord must attempt to relet. T’s liability will depend upon whether that repossession constitutes acceptance of surrender. If no surrender, T liable
