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 damages Jones can recover?
A) Jones can recover damages equivalent to nine months' rent, even if the apartment is rented again.
B) Jones can recover damages equivalent to nine months' rent less whatever rent was received from a subsequent tenant of that apartment.
C) Jones can recover all the damages that directly and naturally flow from the breach, no matter how unforeseeable.
D) Jones can recover nothing, even if it takes six months to rent the apartment again.
E) Jones can recover nothing. When dealing with land, the appropriate remedy is specific performance.

Question

Quizplus · Accepted Answer

Jones can recover damages equivalent to nine months' rent less whatever rent was received from a subsequent tenant of that apartment. This is because the landlord has a duty to mitigate damages by attempting to re-rent the property, and any income from re-renting reduces the damages the original tenant owes.

Mr Jones Rented an Apartment to Ms