Landlord's Duty to Mitigate

Under the majority modern rule, a landlord whose tenant abandons must make reasonable efforts to re-let the property. Failure to mitigate limits the landlord's damages. The minority common-law rule permitted the landlord to leave premises vacant and sue for the full rent.

Related Landlord-Tenant rules

• Types of Leasehold EstatesThe four leasehold estates are: (1) tenancy for years (fixed duration, ends automatically); (2) periodic tenancy…
• Implied Warranty of HabitabilityIn residential leases, a landlord impliedly warrants that the premises are fit for human habitation at the outset and…
• Constructive EvictionConstructive eviction occurs when the landlord's wrongful act or failure to act substantially interferes with the…
• Tenant's Duty to RepairA tenant must not commit waste and must maintain the premises in reasonably good repair. A landlord may recover…
• Assignment vs. SubleaseAn assignment transfers the tenant's entire remaining lease interest; privity of estate exists between assignee and…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.