[RPPTL LandTen] Surrender as used in 83.67(5)

[Manuel Farach]

Technically, isn’t the lease an estate in land subject to reversion? I’m with Greg; it is a surrender prior to end of the lease and a termination/reversion of the lease estate at the end.


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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Tuesday, November 08, 2011 1:33 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Surrender as used in 83.67(5)

Probably a stupid question but here goes:

If a residential T vacates the premises voluntarily at the end of the rental agreement, does that constitute a “surrender” as the term is used in Section 83.67 (5)?

In other words, if the lease contains the all caps “legend” found in 83.67 (5), does the LL get the benefit of the release from liability for storage and disposition of T’s personal property in a situation where T vacates the premises at the end of the lease term?  Or would the LL in that situation still need to comply with the procedure in Section 715.104?

We’re having a debate in my office about whether “surrender” would only apply to a premature exit by T or if it would also encompass a T who just moves out normally at the end of the lease.  Amongst my colleagues we’re currently split 3-2 on this.  I couldn’t find anything in statutes annotated or Hauser.  For what it’s worth, my Black’s Law Dictionary (antiquated Sixth Edition) offers the following guidance:  “In landlord-tenant law, surrender exists when the tenant voluntarily gives up possession of the premises prior to the full term of the lease and the landlord accepts possession with the intent that the lease be terminated.”

Thanks in advance,
Greg

Greg Hass, Senior Counsel

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