Surrender in Law Law and Legal Definition

A surrender in law is where the parties, without any express surrender, do an act so inconsistent with the subsisting relation of landlord and tenant, as to imply an intention that the lessor should be in the same situation as if an express surrender had been made. [Ledsinger v. Burke, 113 Ga. 74 (Ga. 1901)].

Surrender in law is effected by the acceptance of a new lease of the premises from the lessor, for the whole or a part of the time embraced in the former one, because it necessarily implied a determination and surrender of that lease. [SCHIEFFELIN v. CARPENTER, 15 Wend. 400, 405 (N.Y. Sup. Ct. 1836)].