Surrender in Fact Law and Legal Definition

Surrender in fact is surrender by tenant for life or years to the remainderman or reversioner, according to the apparent intent of the parties. Surrender in fact is made by express words, clearly manifesting the intention of the lessee to yield up his interest. To establish termination of a tenancy by surrender in fact, the proof must be clear and unequivocal. [Elliott v. Gentry, 40 N.M. 358 (N.M. 1936)].

Before the Statute of Frauds and perjuries, any form of words without writing, whereby an intention appeared to surrender up the possession of the premises to the lessor or reversioner, was sufficient. This was called surrender in fact. [SCHIEFFELIN v. CARPENTER, 15 Wend. 400, 405 (N.Y. Sup. Ct. 1836)].