Lessor’s Obligation to Notify Lessee that Assignee Has Abandoned and that Lessor Intends to Relet for Lessee’s Benefit
Magness, W. Bruce
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Summarized the Texas Court of Civil Appeals at Beaumont case Dean v. Lacey. Dean established that when a lessee assigns his right and the assignee abandons possession of the leased premises, it acts as an offer on the part of the lessee to terminate the lease agreement. Also, when a lessor fails to notify the lessor of the assignees abandonment of the premises, and then relets the property for the lessor’s own benefit, it acts as implied acceptance of the lessee’s offer to terminate the lease agreement. The author reasons that this decision is in line with the intent of the parties.