medium · National Real Estate Exam property-management

What is the most accurate statement of the landlord's recoverable damages?

1. The landlord recovers all 4 remaining months of unpaid rent in full because abandonment is a material tenant breach and the common-law duty to mitigate simply never applies to residential rent claims of this kind.
2. The landlord recovers all 4 months because a valid surrender of the leasehold interest always requires the landlord's affirmative acceptance of the abandoned unit, which never occurred here.
3. 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.
4. The landlord recovers nothing at all for those remaining 4 months of the lease term because failing to mitigate is treated as an automatic acceptance of surrender that fully terminates the lease.

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