surrender in fact

surrender in fact
A surrender by tenant for life or years to the remainderman or reversioner, according to the apparent intent of the parties. Schieffelin v Carpenter (NY) 15 Wend 400, 405. The effect is to pass the estate of the tenant to the landlord, extinguishing the rent reserved. It is a contractual act which occurs only through the consent of both parties, evidenced by express agreement or an unequivocal act which implies that they have agreed to consider the surrender as being made. To show acceptance of surrender of a leasehold by implication, there must be evidence of acts so inconsistent with the terms of the lease that the relation of landlord and tenant established by reletting could not be enforced under the terms of the first lease. Ralph v Deiley, 293 Pa 90, 141 A 640, 61 ALR 763.

Ballentine's law dictionary. . 1998.

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