2,734
edits
Difference between revisions of "Tenancies and the Common Law (19:XI)"
From Clicklaw Wikibooks
Tenancies and the Common Law (19:XI) (view source)
Revision as of 21:04, 21 November 2022
, 21:04, 21 November 2022→D. Duty to Mitigate
| Line 22: | Line 22: | ||
Under s 7(2) of the RTA, any time a monetary claim arises between landlord and tenant, both have a duty to mitigate damages (i.e. minimize losses). For example, if a tenant breaks a lease that was for a fixed term of one year, the landlord could sue the tenant for the balance of the rent payments. Nonetheless, the landlord has a duty under s 7(2) to try to minimize their loss by re-renting the rental unit as soon as possible, rather than just suing the tenant for the whole year’s rent. A landlord who makes such a claim must prove that they took reasonable steps to re-rent the unit and was not able to do so. See '''RTB Policy Guideline 5: Duty to Mitigate Loss'''. | Under s 7(2) of the RTA, any time a monetary claim arises between landlord and tenant, both have a duty to mitigate damages (i.e. minimize losses). For example, if a tenant breaks a lease that was for a fixed term of one year, the landlord could sue the tenant for the balance of the rent payments. Nonetheless, the landlord has a duty under s 7(2) to try to minimize their loss by re-renting the rental unit as soon as possible, rather than just suing the tenant for the whole year’s rent. A landlord who makes such a claim must prove that they took reasonable steps to re-rent the unit and was not able to do so. See '''RTB Policy Guideline 5: Duty to Mitigate Loss'''. | ||
{{LSLAP Manual Navbox|type=chapters15-22}} | {{LSLAP Manual Navbox|type=chapters15-22}} | ||
