Terminations and Tenant Law Practice

Question 1

What is abandonment for restatement approach?

Answer 1

1. When abandonment of leased property by tenant occurs when he vacates the leased property w/o justification, and
2. without any present intention of returning,
3. and he defaults

Question 2

What is surrender?

Answer 2

1. surrender is when tenant and landlord mutually agree to terminate lease early

Question 3

what are remedies for abandonments?

Answer 3

1. sue for all rent: L could keep the premises vacant until the lease term expired, and then sue T for all the accrued rent.
2. Terminate the lease: L could treat T’s abandonment as an implied offer of surrender and terminate the lease
3. Mitigate damages and Sue for rent: L could re let and then retaining that rent, sue for the balance.

Question 4

Duty to mitigate historical rule, and modern rule

Answer 4

1. landlord has duty to mitigate damages where he seeks to recover rent due from a defaulting.
2. landlord has duty to mitigate damages where he seeks to recover rents due from a defaulting

Question 5

Mitigation Procedural Requirement

Answer 5

 Landlord required to carry burden of proving that he used reasonable diligence in attempting to relet the premises
* Court shall consider whether landlord offered or showed the apartment to any prospective tenants or advertised in local newspapers
 Tenant may attempt to rebut such evidence by showing that he proffered suitable tenants who were rejected
 Tenant is required to bear the cost of any reasonable expenses incurred by a landlord in attempting to relet the premises

Question 6

Retaliation Rule:

Answer 6

Landlord is not allowed to retaliate