Ed signs a ten-year lease with a survival clause.If Ed is evicted for nonpayment of rent after two years, he will have to pay:
A)rent for the remaining 8 years.
B)damages equal to the difference between the rent specified in the lease and the rent the landlord is able to obtain from reletting the premises.
C)until eviction.
D)until he assigns the lease.

Question

Quizplus · Accepted Answer

The survival clause in the lease means that even if Ed is evicted, he is still obligated to pay the rent for the remaining term of the lease. However, the landlord also has a duty to mitigate damages by trying to relet the premises. So, if the landlord is able to relet the premises at a lower rent than specified in the lease, Ed will only be liable for the difference between the two rents as damages. Therefore, option B is the best choice.

Ed Signs a Ten-Year Lease with a Survival Clause