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Surrender Lease

Finally, a tenant may
surrender his lease at any time
if the landlord agrees. This
agreement can be oral (unless
the lease is for more than five
years) but it is always better to
have the agreement in writing
to avoid any possible problems.

If a tenant leaves an
apartment without ending the
lease agreement, the landlord
has several alternatives. One of
the landlord's options is to
move against the person for
abandoning. In this case the
tenant is liable for rent
whether or not he has told the
landlord he is leaving.

The landlord is under no
obligation to find a new tenant
so it is in the tenant's best
interest to have a clause in the
lease which requires the
landlord to mitigate his losses
in the event of an
abandonment. In other words,
if an abandonment occurs,
then the tenant will only be
liable for the losses that the
landlord actually incurs.

The landlord also can end
the lease if the tenant falls to
pay, although he does not
necessarily have to do so. He
can also hold the tenant for
another term's lease if the
tenant leaves without
informing the landlord.
Finally, the landlord has the
option to seize and sell articles
which the tenant leaves behind.

If a landlord's apartment
does not comply with city

health standards, then the
tenant should first ask landlord
to make the necessary
adjustments. If for some reason
he does not, the tenant then
should call the city housing
inspector at 295-0161. If an
inspector does not come or for
some reason decides that the
premises are not unfit, the
dissatisfied tenant should
contact the Student Legal
Advisor.