One of my summer associates has been given a project that is proving a
little difficult....I'm guessing that a lot of these cases probably get
settled out of court and for the most part get heard in Superior Courts
and unless appealed, there doesn't seem to be any case law out there
dealing with this issue...:
"The question relates to a tenant's duty to mitigate damages. Namely,
tenant stayed in his apartment for about a year after his lease expired.
He complained of mold in his apt. The apt owner offered tenant a new
unit but tenant declined new unit and stayed in his apt.
What is the tenant's duty to mitigate in this scenario? Assuming there
is
a duty to mitigate, does that duty require tenant to move out to an alt
apt?"
If anyone has had any experience with the above situation, or knows of
any pertinent case law, we would sure appreciate hearing from you.
Thanks for any help.
Nina Porcella
Sheppard Mullin LLP
San Francisco, CA
415 774-3245
This message is sent by a law firm and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments.
Sheppard, Mullin, Richter & Hampton LLP
Please visit our website at www.sheppardmullin.com
This archive was generated by hypermail 2b29 : Wed Nov 14 2007 - 20:46:37 PST