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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.
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.
If a tenant fails to pay rent, and there is reason to suspect that the tenant may not pay future rent, the landlord may cancel the lease. However, it is not as simple as that. Whether or not the court grants the cancellation depends on the wording of the lease.
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.
For a lease of commercial property, a landlord can affect this right to forfeit a lease by peaceable re-entry or by issuing court proceedings. To peaceably re- enter, a landlord changes the locks and puts up notices to inform the tenant that the lease has been brought to an end.
Termination For Breach Of AgreementIf the tenant breaches any of the terms and conditions stated in the tenancy agreement, then the landlord is entitled to terminating the lease early under this statute in NSW. The landlord can give the tenants a 14-day termination notice if they breach the tenancy agreement.
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'.
For retail leases in NSW, your landlord must provide you with at least six months written notice that they intend to demolish the building. After providing you with such notice, you may terminate the lease at any time with seven days notice in writing.
Landlord in breach of tenancy agreementIf the landlord breaches your tenancy agreement and the breach is serious enough, you may be able to terminate the tenancy agreement.
Generally speaking, a tenant cannot break the lease if the home is selling because the lease agreement is still in effect. However, a tenant may have a chance to break the lease if the landlord is violating the lease.