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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.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
In general, you can only end the tenancy early if your landlord agrees. Your landlord does not necessarily have to do so. You will remain responsible for paying the rent until the end of the tenancy contract or the next break clause point.
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.
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.
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.
Under Maryland law, tenants have a right to freedom from housing discrimination, a right to certain security deposit protections, the right to freedom from landlord retaliation, and the right to be protected after domestic violence. Learn four rights of tenants in Maryland.
You may be able to legally move out before the lease term ends in the following situations.You Are Starting Active Military Duty.You Are a Victim of Domestic Violence or Sexual Assault.The Rental Unit Is Unsafe or Violates Maryland Health or Safety Codes.Your Landlord Harasses You or Violates Your Privacy Rights.
For example, some leases contain a section that allows a tenant who wants to end the lease early to pay the equivalent of two months' rent in advance of moving, and give sixty days written notice of the moving date. Then the lease will be terminated.
An early termination clause allows a tenant to terminate their lease early as long as they meet certain conditions. For example, they pay a fee and provide notice. In most cases, the fee is usually equivalent to two months of rent.