What is the definition of tenant surrendering possession under the law?

I need to define this for a hold over situation to calculate the landlord’s amended date to submit the itemized list to the tenant re: security deposit.

Asked on August 2, 2012 under Real Estate Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, many courts will interpret "surrender" as the date that the tenant has surrendered the keys to the landlord. But the law in your area could allow you to "infer" surrender based upon the facts of your particualr case.  I would really speak with an attorney here about the facts of your case.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, many courts will interpret "surrender" as the date that the tenant has surrendered the keys to the landlord. But the law in your area could allow you to "infer" surrender based upon the facts of your particualr case.  I would really speak with an attorney here about the facts of your case.  Good luck.


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