An apartment lease may be terminated or may automatically terminate for several reasons. These include:
- Expiration of Term – A lease for a fixed period, such as one year, expires automatically at the end of the term.
- Surrender and Acceptance – If the resident surrenders the right to use the premises and the owner or operator puts another resident in the premises, the lease automatically terminates. If the owner or operator agrees at surrender to accept the premises and to release the resident (also known as acceptance), the lease is terminated by the release.
- Destruction of Premises – If the premises are destroyed through no fault of the owner or operator or the resident, such that the premises cannot be made habitable, the lease terminates.
- Eviction – If the owner or operator obtains a judgment of eviction, the lease is terminated.
- Violation of Terms of Lease –The lease itself may contain provisions rendering the lease terminable by one or both parties upon the happening of certain events. Examples would be that the lease would become terminable by the owner or operator should the resident personally cease to reside in the premises, or that the lease would become terminable by the resident should the owner or operator sell the complex.
Without express language in the lease, the lease may not automatically terminate upon the resident’s death.