7

Landlord-tenant law is an area that is heavily statute-based, jurisdiction-dependent, and far from uniform across the country. A complex, specific, multi-part question like this one is not going to get a simple answer. In general, though, I can clear up some of the confusion with a quick example. Let's say you abandon your lease, but as you do so, you ...


6

No, for two reasons. First, your question seems to assume that the current level of (1) vacancy, and (2) rent, will continue unchanged for the indefinite future. A lot of people thought that in 1989, and 2000, and 2007, just before the last three Bay Area housing crashes. The purpose of a long-term lease is to create certainty for the lessor. As the ...


3

By default, the tenant is liable for all rent until the end of the lease. E.g. if neither the tenant nor the landlord can find a suitable and credit-worthy replacement tenant (e.g. if the market has crashed), then the whole lease must still be accounted for by the original tenant, and the lost "rent" becomes "damages". However, there is also a concept of ...


2

The person with a mental health condition is as liable as the person without all else being equal. The standard in common law (and civil law) systems is the reasonable person test - what would a reasonably prudent person in the same (external) circumstances do. The standard can be increased by replacing the noun: for example, a person who is or purports to ...


2

It is likely that the law applying will be both that of the USA and your country. If you went to court this would be one of the things you argued over. For example, Australian Consumer Law applies to any goods or services sold to a customer in Australia irrespective of where the vendor is located. Your jurisdiction may have similar laws. At first blush you ...


2

If you have already paid out the lease, there is nothing for the landlord to mitigate. Under abandonment, the rent is not paid for the term of the lease. The mitigation statute is to dampen excessive, unnecessary damages. If you pay your rent, there are no damages. (If you do not pay, the landlord would have some responsibility to entertain new lessors, ...


1

Things, especially but not only living things, have value beyond the price at which they can be bought and sold - always assuming they can be bought and sold. The value of a specific pet cat is not the cost of a generic kitten. The purpose of damages is to restore you, as far as money can, to the position you were in before the wrong-doers actions occurred....


1

The answer really calls for a comparison of the level of mens rea required for various torts and the condition in question. Lots of conditions that constitute a "mental disorder" for DSM-V purposes would not cause someone to lack the proper mens rea and hence would not constitute a defense. Also, the case law is often quite wedded to fact patterns and is ...


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