Heather signed an apartment lease agreement with Heathrow for a 12-month term. After 3 months, Heather found a better apartment and decided to move. Heather had paid Heathrow rent for the 3 months that she lived in Heathrow's apartment. Heathrow, believing that Heather was responsible for the rent for the remaining 9 months, allowed the apartment to remain empty for the rest of the term of the lease agreement that he had with Heather. When Heather refused to pay for the remaining 9 months, Heathrow sued. How will the court decide this case?
Explanation
Answer: B. The court will decide that Heather will lose, but will be required to pay Heathrow an amount that is less than 9 months, as Heathrow had a duty to mitigate damages. After a breach, the non-breaching party has the duty to mitigate or minimize the damages. In this case, mitigation requires that Heathrow make a reasonable effort to lease the apartment to a new tenant and collect rent. Because Heathrow did not try to find a new tenant, he will be entitled to damages in an amount that is less than 9 months.
