Cal. Civ. Code § 227
When tenant may surrender premises
Operative Text
§ 227. When tenant may surrender premises. Where any building, which is leased or occupied, is destroyed or so injured by the elements, or any other cause as to be untenantable, and unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his or her fault or neglect, quit and surrender possession of the leasehold premises, and of the land so leased or occupied; and he or she is not liable to pay to the lessor or owner, rent for the time subsequent to the surrender. Any rent paid in advance or which may have accrued by the terms of a lease or any other hiring shall be adjusted to the date of such surrender.
Under N.Y. Real Prop. Law § 227, when a leased building becomes untenantable and unfit for occupancy due to destruction or damage — caused by the elements or any other reason — a tenant who was not at fault may legally end the tenancy by surrendering the premises. Once a valid surrender occurs, no further rent accrues after that date, and any rent already paid in advance must be prorated and adjusted to the surrender date. This rule applies unless the written lease contains an express agreement that overrides it.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Real Prop. Law § 227 should be aware that a tenant's rent obligation can terminate by operation of law when a building becomes untenantable through no fault of the tenant. Compliant operators typically document the condition of the property, the cause of any damage, and the date of any surrender in order to facilitate the rent adjustment the statute requires. Because written lease language can modify this default rule, operators generally review their lease agreements to understand whether any express contrary provisions are in place.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 227 gives tenants a right to quit and surrender a leased premises when the building has been destroyed or damaged to the point of being untenantable, provided the tenant was not responsible for the damage. Upon a valid surrender under this provision, a tenant is generally not obligated to pay rent for any period after the surrender date, and any prepaid rent should be refunded or credited on a prorated basis. Tenants who believe this provision applies to their situation may consider documenting the property's condition, consulting a tenant-rights organization, or raising § 227 as a defense or claim in a housing court proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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