Legal Definitions - surrender by operation of law

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.