Jane has a lease for a rental property that expires in 12 months. After six months, she informs her landlord, Mark, that she will vacate the property in two months due to a job transfer and stops paying rent. Mark decides to terminate the lease early. What is Mark required to do following Jane's anticipatory breach?
Mark stops re-renting the property and seeks the remaining rent as per the lease agreement.
Mark waits until the original lease term expires before pursuing damages.
Mark mitigates his damages by re-renting the property and seeks rent until a new tenant is secured.
Mark accepts Jane's surrender of the lease and does not pursue additional legal remedies.
When a tenant indicates an intention to breach the lease agreement before the lease term ends, the landlord should attempt to mitigate damages by seeking a new tenant. Mark can claim rent until a new tenant is secured, rather than the full remaining rent, reflecting the obligation to mitigate losses.
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