District of Columbia Agreed Termination of Lease and Surrender of Premises
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FAQ
There are several reasons that tenants may choose to break a lease early, but only some of them are considered permissible under DC law. Provided your lease is legal, it's enforceable by law, and your tenants should commit to living in the property and paying the agreed rent payment until the end of the lease.
The protection begins on the date of entering duty and ends between 30-90 days after the date of discharge. To break a lease in accordance with the relief act, a tenant must: Prove the lease was signed before entering active duty. Prove they will remain on active duty for at least the next 90 days.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
There are several reasons that tenants may choose to break a lease early, but only some of them are considered permissible under DC law. Provided your lease is legal, it's enforceable by law, and your tenants should commit to living in the property and paying the agreed rent payment until the end of the lease.
Surrender of the lease A lease is surrendered when the tenant's interest is transferred back to the landlord and both parties accept that it will be extinguished. This can be done formally, by deed, but this is not always necessary.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Your options for getting out of a leaseterminate the lease under a break clause;negotiate termination with the landlord;assign the lease - ie sell it to a new tenant;sublet the premises, or part of the premises.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
