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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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A landlord may choose precisely that course adopted by the landlord in this case, viz., to decline the surrender but to notify the tenant that the landlord would seek to rent the premises, in effect for the tenant’s account. When a landlord takes such an action, an inference of acceptance of surrender is not to be made and the obligation of the tenant to pay rent does not end, although it is reduced by such rental income as the landlord takes in from the new tenant, less expenses of releasing. Restatement (Second) of Property, Lándlord and Tenant § 12.1 comment i (1977).