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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Atkinson v. Rosenthal, 598 N.E.2d 666 (1992)

Citation
Atkinson v. Rosenthal, 598 N.E.2d 666 (1992)
Parent Document
Atkinson v. Rosenthal, 598 N.E.2d 666 (1992)
Jurisdiction
Massachusetts (state)
Effective Date
1992-08-25

Other Sections in This Document (43)

Full Text

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Both the trial judge and the Appellate Division, in affirming his decision, proceeded on the basis of a conclusion that the landlord, by taking steps to find a new tenant for the vacated premises, accepted the tenants’ surrender of the lease. We know that the landlord did not expressly accept a surrender of the lease; to the contrary, he expressly rebuffed the tenants’ surrender. Acceptance of surrender of a lease may come about inferentially if a landlord exercises control over the property, usually by physical steps such as changing locks or altering the premises in a fashion inconsistent with resumption of the original tenancy. See Guaranty Bank & Trust Co. v. Mid-State Ins. Agency, Inc.,