What is a Landlord's Duty to Mitigate for Early Termination?
Full Question:
Answer:
If you have a lease, the lease terms may contain terms for early termination. If the lease terms don't allow for early termination, the tenant may be held liable for the remainder of the lease, unless the tenant can prove a breach of the lease terms by the landlord. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether reasonable attempts have been made to relet the premises. Some of the factors that may be considered, among others, include the reasons for turning down the prospective tenants and whether the landlord is in fact out of town and unable to show the premises.
