hard · National Real Estate Exam
A tenant under a written 1-year residential lease vacates and stops paying after month 8. The lease is silent on mitigation. The landlord, in a jurisdiction that follows the majority modern rule, makes no effort to re-rent and sues for the full remaining 4 months at lease end. Comparable units in the building rented quickly during that period.
What is the most accurate statement of the landlord's recoverable damages?
- The landlord recovers all 4 months because abandonment is a tenant breach and the duty to mitigate never applies to residential rent claims.
- The landlord recovers all 4 months because surrender requires the landlord's acceptance, which never occurred here.
- The landlord recovers only the rent the tenant owed up to the date the landlord could reasonably have re-rented, because the modern rule imposes a duty to mitigate that reduces damages by avoidable loss.
- The landlord recovers nothing for the 4 months because failing to mitigate is treated as an automatic acceptance of surrender that terminates the lease.
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