Crucial Exams

Multistate Bar Examination Practice Question

A tenant and landlord entered into a one-year lease for an apartment. Six months into the lease, the tenant moved to another state due to a new job opportunity and informed the landlord that they would no longer be living in the apartment. The tenant returned the keys to the landlord and stated in writing that they would not be paying rent for the remainder of the term. The landlord refused to mitigate damages by finding a replacement tenant and instead let the apartment sit vacant. After the lease ended, the landlord demanded payment from the tenant for the remaining six months of rent under the lease.

Is the tenant obligated to pay the remaining rent?

  • No, because the landlord failed to make reasonable efforts to re-let the apartment.

  • No, because the landlord’s failure to accept the tenant’s keys amounted to a constructive termination of the lease.

  • Yes, because the written notice of abandonment did not release the tenant from liability.

  • Yes, because the tenant vacated the property without fulfilling the lease term.

Multistate Bar Examination
Real Property
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