McGrath v. Shalett

With so much of the majority opinion as holds that the question whether a landlord has accepted a surrender of the leased premises is dependent upon his intent I Wl in entire agreement. But, even though at the time of the abandonment of the premises he had no intent to accept a surrender, he may thereafter so deal with them as to evidence an intent to terminate the lease in its entirety, and if he does he can no longer base a recovery upon it. If, for instance, he should, before the date of the expiration of the lease, enter upon the premises, substantially alter them and use them for a…