Myth: Eviction Is the Only Path
Eviction is a powerful tool, but it is not always the most efficient way to resolve a commercial lease default. In many cases, a negotiated surrender with preserved monetary rights provides a better combination of speed, cost control, and certainty.
Why Surrender Often Wins
A negotiated surrender can restore possession quickly, allowing the landlord to re-lease the premises while still preserving claims against the tenant and guarantor. When re-letting is viable, this combination—possession plus a defined monetary resolution—often outperforms a full eviction in practical terms.
Keeping the Money Claim Intact
Surrender does not have to mean walking away from arrears. Properly structured, an exit agreement can include an acknowledgment of the debt, a payment schedule, or even a consent judgment. The landlord’s rights are preserved while the property is put back into productive use.
When Eviction Still Makes Sense
There are situations where eviction remains appropriate—for example, when surrender is not offered in good faith, when re-entry is disputed, or when a judicial determination of rights is necessary. The key is to treat eviction as one strategic option, not the default response.
Choosing the Right Path
The Lease Exit Playbook outlines how to evaluate whether surrender, eviction, or a hybrid approach (such as surrender plus motion practice) is best for a particular property and tenant.
Download the Lease Exit Playbook
If you are weighing surrender versus eviction in a current dispute, a Strategic Lease Exit Consultation ($200) can help you analyze the options using your specific lease and facts.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Results depend on the specific facts and law of each case. Reading this article or downloading the Playbook does not create an attorney-client relationship.
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