surrender by operation of law

surrender by operation of law
A surrender by a tenant which results from acts which imply mutual consent independently of the expressed intention of the parties that their acts shall have that effect, Such a surrender is by way of estoppel; and the relinquishment of possession by the tenant and the resumption of possession by the landlord operate, as a general rule, as a surrender by operation of law. 32 Am J1st L & T §905. See surrender in law.

Ballentine's law dictionary. . 1998.

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  • surrender by operation of law — This phrase is properly applied to cases where the tenant for life or years has been a party to some act the validity of which he is by law afterwards estopped from disputing, and which would not be valid if his particular estate continued to… …   Black's law dictionary

  • law — / lȯ/ n [Old English lagu, of Scandinavian origin] 1: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a: a command or provision enacted by a legislature see also statute 1 b:… …   Law dictionary

  • surrender — To give back; yield; render up; restore; and in law, the giving up of an estate to the person who has it in reversion or remainder, so as to merge it in the larger estate. A yielding up of an estate for life or years to him who has an immediate… …   Black's law dictionary

  • surrender in law — A surrender of a lease to the reversioner by accepting from the latter a new lease of the same premises or a part thereof. Schieffelin v Carpenter (NY) 15 Wend 400, 405. See surrender by operation of law …   Ballentine's law dictionary

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