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?
Yes, because the written notice of abandonment did not release the tenant from liability.
No, because the landlord failed to make reasonable efforts to re-let the apartment.
Yes, because the tenant vacated the property without fulfilling the lease term.
No, because the landlord’s failure to accept the tenant’s keys amounted to a constructive termination of the lease.
The correct answer is based on the principle that, under modern landlord-tenant law, a landlord has a duty to mitigate damages when a tenant abandons the lease early. The landlord must make reasonable efforts to re-let the property instead of letting it sit empty to recover unpaid rent. This approach is consistent with the equitable principle of limiting windfall recoveries.
Incorrect answers often fail to consider this duty. For instance, while a landlord has remedies to recover unpaid rent, these are contingent upon demonstrating efforts to mitigate losses. Arguments about 'surrender' could confuse candidates, but formal surrender requires the landlord's agreement to terminate the lease, which did not happen here. Similarly, broad statements that the tenant is 'fully liable' disregard the modern law of mitigation obligations.
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