A landlord leased an apartment to a tenant for a one-year term. Six months into the lease, the tenant informed the landlord that he had lost his job and would be vacating the apartment immediately, despite having six months remaining on the lease. The tenant then moved out and stopped paying rent. In a jurisdiction that follows the modern majority rule regarding a landlord's remedies, what are the landlord's rights?
The landlord must make a reasonable effort to re-let the apartment and can then sue the original tenant for any rent owed for the time the apartment was vacant.
The landlord's only remedy is to terminate the lease, which forfeits any claim to future unpaid rent from the breaching tenant.
The landlord may sue for the entire remaining rent without taking any further action, as the tenant breached the lease agreement.
The landlord must accept the tenant's abandonment as a surrender, which terminates the lease and all of the tenant's remaining obligations.
In a majority of jurisdictions, when a tenant abandons a leasehold, the landlord has a duty to mitigate damages. This means the landlord must make reasonable efforts to re-let the premises to a new tenant. The landlord can then sue the breaching tenant for any accrued, unpaid rent plus the damages incurred during the period the property was vacant while the landlord was making reasonable efforts to re-let. The landlord cannot simply allow the property to remain vacant and sue for the entire remaining rent.
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Multistate Bar Examination
Real Property
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