Mr. Jones rented an apartment to Ms. Smith under a one-year tenancy agreement. Ms. Smith abandoned the apartment after three months. Jones located Smith and sued her for breach of contract. Which of the following is the best statement with regard to the quantum of damages Jones can recover?
A) All the damages that directly and naturally flow from the breach no matter how unforeseeable.
B) Damages equivalent to nine months rent less whatever rent was received from a subsequent tenant of that apartment.
C) He will get nothing. When dealing with land the appropriate remedy is specific performance.
D) Nothing, even if it takes six months to rent the apartment again.
E) Damages equivalent to nine months rent even if the apartment is rented again.

Question

Quizplus · Accepted Answer

The best statement with regard to the quantum of damages Jones can recover is B, damages equivalent to nine months rent less whatever rent was received from a subsequent tenant of that apartment. This is because under the common law, the landlord has a duty to mitigate damages by making reasonable efforts to re-rent the unit. Therefore, the damages incurred by Jones would be equivalent to the rent lost during the remaining nine months of the lease less the amount of rent received from a subsequent tenant, if any. Option A is incorrect because damages must be foreseeable, and not all damages that flow from the breach are necessarily foreseeable. Option C is incorrect because specific performance is not the appropriate remedy when dealing with a breach of a lease agreement. Option D is incorrect because the landlord has a duty to mitigate damages, which means that even if it takes six months to rent the apartment again, Jones can still recover damages for the remaining three months of lost rent. Finally, option E is incorrect because the damages would be reduced by any amount received from a subsequent tenant, even if it is less than nine months rent.

Mr Jones Rented an Apartment to Ms