Sommer v. Kridel

Facts

On March 10, 1972, James Kridel entered into a two-year lease with Abraham Sommer to rent apartment 6-L in the Pierre Apartments in Hackensack. The term of the lease ran from May 1, 1972 until April 30, 1974, with a six-week rent concession making the first rent payment due on June 15, 1972. One week after signing, Kridel paid Sommer $690, satisfying the first month of rent and a $345 security deposit. Before Kridel took possession, his wedding plans were cancelled. On May 19, 1972, he wrote Sommer explaining that he was a student without funds, surrendering all rights to the apartment, and offering to forfeit the money already paid in exchange for a release. Sommer did not answer the letter. Later, a prospective tenant who was ready, willing, and able to rent apartment 6-L inquired about it, but the person in charge refused to show the apartment, stating it was already rented to Kridel. Sommer did not re-enter or show the apartment until August 1, 1973, when it was re-let to a new tenant beginning September 1, 1973 for $345 per month. In the companion case, Carlos Perosio leased an apartment from Riverview Realty Co. for two years beginning February 1, 1973, paid rent through January 31, 1974, and then vacated the premises in February 1974.

Issues

1. Does a residential landlord seeking to recover unpaid rent from a defaulting tenant who has wrongfully vacated the apartment have a duty to mitigate damages by making reasonable efforts to re-let the premises?
2. Does the landlord bear the burden of proving that reasonable diligence was used to re-let the vacated apartment?

Holding

Sommer could not recover the rent he claimed because he turned away a ready, willing and able tenant, with no showing she would have been unsuitable, and waited 15 months before attempting to re-let; he failed to mitigate damages, and Kridel was relieved of his duty to continue paying rent. In Riverview, because no factual determination had been made on whether the landlord exercised reasonable diligence to re-let, the judgment was reversed and remanded for a new trial.