A California rental agreement or lease may be terminated by what is known as “surrender.” If the tenant surrenders the lease under CCP 1161(5), and the landlord accepts the tenant’s surrender, then the tenant’s obligation to pay rent past the surrender date is extinguished. The tenant should notify the landlord in writing of his or her intent to surrender the lease, and to be effective, the landlord must accept the surrender in writing. If the tenant fails to vacate and deliver possession of the premises by the surrender date, then the landlord may begin eviction proceedings immediately without serving a termination notice.
If a tenant surrenders in writing the property, then the landlord may be able to avoid paying relocation expenses under local rent control laws. Landlords should consult local counsel and the rent control ordinance.
The Law Office of David Piotrowski represents landlords throughout southern California and can assist with a tenant eviction.
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