Douglas Manor House, Inc. v. Wohlfeld

I assume that delivery and acceptance of the keys to defendant’s apartment did not constitute a surrender and acceptance of the lease. But I reject, as without merit, plaintiff’s arguments that it was ‘ ‘ not obligated to attempt to mitigate the damages by rerenting the apartment ”; that the “ landlord may allow the apartment to remain vacant [for six months] and recover rent from the tenant ’ ’; that a “ clause in the lease permitting the landlord to relet does not impose a duty on the landlord to relet ”. Under modern standards, such a position is unacceptable on its face.

*266The record makes…