524. Surrender by operation of law; in general.

Delivery of possession by the tenant to the landlord and his acceptance of possession will effect a surrender by operation of law (also referred to, especially in modern case law, as 'implied surrender')1. The surrender in this case depends upon the agreement by the landlord and the tenant that the term is to cease and upon the change of possession in pursuance of the agreement2. The change of possession is essential3; and the parties to the lease must act towards each other in a manner that is inconsistent with a continuation of the lease4. A consent given by the