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Simple English definitions for legal terms
surrender by operation of law
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A quick definition of surrender by operation of law:
Term: Surrender by Operation of Law
Definition: Surrender by operation of law is when a tenant gives up their right to a property and the landlord takes back possession. This can happen when the tenant does something that shows they no longer want to live there, or when they do something that wouldn't make sense if they were still living there. It's like the tenant and landlord agreeing to end their relationship without actually saying it out loud.
A more thorough explanation:
Definition: Surrender by operation of law is an act that is equivalent to an agreement between a tenant and a landlord to abandon the property and for the landlord to resume possession. This happens when the parties perform an act that is inconsistent with the landlord-tenant relationship, or when a tenant performs an act that would not be valid if the estate continued to exist.
Examples:
- If a tenant hands over the keys to the landlord and moves out without giving notice, it is considered surrender by operation of law. This is because the tenant's actions are inconsistent with the landlord-tenant relationship, and the landlord can assume that the tenant has abandoned the property.
- Another example is if a tenant sublets the property without the landlord's permission. This act is inconsistent with the landlord-tenant relationship, and the landlord can assume that the tenant has surrendered the property.
These examples illustrate how surrender by operation of law can occur when a tenant performs an act that is inconsistent with the landlord-tenant relationship. In both cases, the landlord can assume that the tenant has abandoned the property and can resume possession.