Week 2 - LL - Tenant (Class 9/3/24) Part 2

Question 1

LL has a _____ ____ ______ ________ where he seeks to recover rents from a defaulting tenant.

Answer 1

duty to mitigate damages

Question 2

LL has a duty to mitigate damages where he seeks to recover ____ from a defaulting tenant.

Answer 2

rents

Question 3

The burden of proof is on the ______ to show a reasonable effort was made to relet the premises.

Answer 3

landlord

Question 4

The burden of proof is on the LL to show a _____ _______ was made to relet the premises.

Answer 4

reasonable effort

Question 5

___________ returns the property to productive use (decreases vandalism, by virtue of its being left empty).

Answer 5

mitigation

Question 6

Does a LL have a responsibility to mitigate damages?

Answer 6

They do

Question 7

Does the LL seeking damages from a defaulting tenant have a duty to mitigate damages by making reasonable efforts to re-rent the premises which were wrongfully vacated by the T?

Answer 7

Yes, burden on the LL to show that they have made reasonable efforts.

Question 8

LL has to treat the vacant apartment as if it is one of his vacant stock. If somebody says they want to rent apartment, what do you have available? It has to be on the list.

LL is required to prove that they exercised _______ _________.

Answer 8

reasonable diligence

Question 9

Public Policy side is: __________ is good. Productive use of the land. Insurance companies like because when occupied less likely to be vandalized.

Answer 9

Mitigation

Question 10

Whether the LL has to accept only the rent that was in the lease? Rent was 100 a month and LL tries to find somebody, but all the person can pay is 80 and they go ahead and rent it to the person who can pay 80, how does that work? The _____ _______ is on the hook for the extra 20 a month. The LL has incurred experience in advertising the T would have to pay those expenses for advertising. The T has to cooperate with the LL because he is decreasing the T’s financial responsibility.

Answer 10

original tenant

Question 11

LL also is limited because if the rent was for 100 a month, then they have to try to rent it for 100 a month. They can’t say they would rather have 1,000 a month, if the LL done that, they may never rent it and the LL will struggle.

Answer 11

YES!!