When a resident surrenders or leaves a leased premises, and the owner or operator does not accept the surrender, the owner or operator has a duty to attempt to lessen or mitigate damages occasioned by the resident’s departure. Similarly, this same duty applies when leased premises are simply abandoned.

If a resident either leaves before his/her lease expires or leaves the premises in an uninhabitable condition, the owner or operator may not simply attempt to enforce the resident’s continuing obligation under the lease. Rather, the owner or operator must seek to reduce the financial burden created by the resident’s leaving, even though that burden was imposed wholly by the resident’s acts. If the owner or operator files a lawsuit against the resident seeking to enforce the obligations of the lease, failure to attempt to mitigate damages may result in a reduced award or no award at all to the owner or operator.