Duty to Mitigate Flashcards
1
Q
What is the duty to mitigate (Majority rule)?
A
Under the majority rule, the landlord has a duty to mitigate damages if the tenant abandons the property early or is evicted by making reasonable efforts to re-rent the property to another tenant. The landlord is entitled to damages for the difference between the original rent and the rent received from the replacement tenant.
2
Q
What is the duty to mitigate (minority rule)?
A
Under the minority rule, the landlord does not have to mitigate damages. (more common in cases of commercial leases).
