Maine Agreed Termination of Lease and Surrender of Premises
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FAQ
Yes, a tenant may terminate a fixed term lease agreement prematurely.
Where the written lease expired and the parties simply continued with the lease on a month to month basis thereafter. If the lease is a month to month lease as contemplated in the Rental Housing Act, then it can only be terminated by either party by providing one full calendar month's written notice.
Valid Reasons for Terminating a Lease and Evicting a Tenant In general, most states allow a landlord to terminate a lease or rental agreement if the tenant: Fails to pay rent; Violates a clause in the lease or rental agreement; Violates a responsibility imposed by law.
Surrender clause refers to a lease clause whereby the lessee is given the privilege of surrendering his rights and terminating his liability upon the giving of a stipulated notice or the payment of a designated sum of money, or, in some cases, without either of these formalities.
Surrender of the leaseThis can be done formally, by deed, but this is not always necessary. If the landlord and tenant agree that the lease will be surrendered and they act in a way that is inconsistent with the lease continuing, the lease will be surrendered 'by operation of law'.
Your landlord must give you either a 30-day or 7-day written notice to leave, or they can combine both of these into one notice. Any notice must advise you of your right to contest the eviction in court.
Generally, tenants cannot unilaterally break or terminate their leases in Maine. They must provide their landlords with a written termination notice before termination. Landlords are required to provide their tenants with habitable premises.
Your landlord can end the let at any time by serving a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.
Surrendering by operation of law takes place when a new lease is signed or when the tenant abandons the property and the landlord takes possession. In both cases, the landlord takes over the property after the tenant has moved out.
There is no obligation on a landlord to accept a surrender of a commercial lease and landlords will often only do so if there is a benefit in getting possession of the property back early.
