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 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.
Mark waits until the original lease term expires before pursuing damages.
Mark stops re-renting the property and seeks the remaining rent as per the lease agreement.
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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