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Originally Posted by ktsnake
...good faith in attempting to relet the premises...
-- that's all the duty to mitigate means, right? I'd assume that means that if there's a waiting list to get in, that she'd be off the hook.
I had a terrible prof for property. A little too obsessed with future interests. His reviews on myspace have been telling me that I'll be learning about Property for the first time on the Barbri, so this ain't exactly my best subject.
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Yes, but that's only the case if the landlord retakes possession of the unit. It sounds like (1)(c) provides that the landlord can decline to retake possession and do nothing, leaving the tenant on the hook for rent. If there IS a waiting list, of course the landlord would be an idiot to NOT rent the apartment to somebody else. I'd bet that there is no waiting list, though.
I had a great property professor. He'd always talk about property interests as if they were a "bundle of sticks." It was cute.