Also known as:cessors · cessure · cessation · termination · ceasing
Written by attorneys · grounded in primary & secondary sources — see below
A termination of a right or interest. The event ends the legal entitlement without regard to whether any associated obligations incurred before the termination survive.
Sources & Authorities· 26 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Client Funds After Representation Ends
Cecilia Cabrera ended her representation of a client and closed the matter file. The lawyer then transferred the remaining client funds from the trust account into her operating account without the client's consent. The cesser of the representation required the lawyer to continue safeguarding the funds separately until they were returned.
Holdover After Lease Expiration
Cameron Cruz remained in possession of the premises after his lease term ended and the landlord demanded he vacate. The cesser of the tenant's lawful possessory interest created an estate at sufferance that gave the landlord the right to pursue eviction without the tenant asserting superior title.
Cassandra Cooper revoked the authority she had granted her agent to negotiate on her behalf. The cesser of the agent's actual authority left any apparent authority intact only until the third party received notice of the revocation.
Tenant Exercise of Termination Right
Christopher Collins vacated the leased property after the landlord breached a covenant and gave the landlord written notice of his decision. The cesser of the lease occurred once the tenant satisfied the statutory steps for exercising the termination right.
Small Trust Termination and Distribution
Cody Callahan served as trustee of a trust whose assets had fallen below the statutory threshold. After proper notice the trustee terminated the trust and distributed the remaining property to the beneficiaries in accordance with the trust purposes.
Loss of Nonconforming Use Right
Colin Chambers discontinued a nonconforming use of his land for the statutory period after the city rezoned the area. The cesser of the vested right through abandonment allowed the municipality to enforce the new zoning restrictions against the property.
Common questions
Frequently Asked
2
When does cesser of a lease occur if the tenant has a right to terminate?+
Cesser occurs when the tenant vacates the property, complies with any lease provisions on method of termination, and takes reasonable steps to inform the landlord of the decision and reason while the termination right still exists.
What happens to trust property upon cesser under the small-trust termination provision?+
The trustee must distribute the trust property in a manner consistent with the purposes of the trust.
410 U.S. 113 (1973)Constitutional Law
…human gestation period is so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. We therefore…
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