A resident generally has no right to withhold rent from an owner or operator even if the owner or operator breaches some part of the lease agreement. Instead, the resident must continue to pay the rent when due and sue the owner or operator for any damages. The resident’s obligation to pay rent during the lease term generally is interrupted only if the resident surrenders possession and the owner or operator accepts the premises for his/her own account or if the resident suffers a total or partial eviction.

A surrender is a termination of a lease by the resident before the date agreed upon in the lease. If the owner or operator and a resident enter into an agreement whereby the owner or operator allows the resident to surrender the property and terminate the lease, then a surrender by stipulation occurs. Similarly, the law implies a “surrender and acceptance,” even without an express agreement, when a resident vacates the premises and the owner or operator accepts the premises back into his/her possession. However, a resident has no right to withhold rent if the owner or operator is unsuccessful in finding an alternative renter unless such an agreement is included in the lease. A resident’s obligation to pay rent continues even when s/he voluntarily has relinquished his/her right to the use and enjoyment of the property.

A resident’s obligation to pay rent also ends prior to the end of the lease term if the resident is wrongfully evicted from the premises. An eviction occurs when a resident is physically removed or excluded from the premises. A resident has no duty to pay rent when s/he is involuntarily deprived of the right to use and enjoy the property.

A similar result may occur if an owner or operator, by some wrongful act, causes the rental premises to be unusable for their intended purpose. A classic hypothetical example of such a “constructive eviction” is the owner or operator’s removal of all windows in the middle of the winter. Though not physically evicted, the resident nevertheless effectively is prevented from using the premises as intended. In such an instance, the resident may gain the right to withhold rent if s/he chooses to complete the eviction cycle and move out. The law does not recognize a constructive eviction unless a resident vacates the premises within a reasonable time after the interruption of his/her use and enjoyment.

Keywords: abandon, abandonment