Sommer v. Kridel case brief

Sommer v. Kridel, Supreme Ct of NJ, 1977

1. P and D signed lease and D write letter to surrender all his rights. 3^rd party wanted apartment but P said it was rented by the D. P sued D for full term of lease. D refuses to pay because surrender and P failed to mitigate damages.
2. Holding – For the D because the Landlord has failed to mitigate damages
3. Rule:
   1. Property Rule (old): lease is a transfer of a property interest in the owner’s estate; the lease conveys a tenant an interest in the property which forecloses any control by the landlord. The tenant is allowed to do what they want and landlord doesn’t have the responsibility to look over tenant’s occupancy

Started to change in the 60s and 70s

Contract Rule (now) – Lease is both a conveyance and contract and contract has mitigation of damages

Mitigation of Damages – reasonable efforts and diligence (to cut losses/find another tenant), if fail to mitigate, won’t be able to collect all of the damages suffered