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Assume you are in the management office, signing a lease on a new apartment. You notice that the lease has a prohibition against pets. You
Assume you are in the management office, signing a lease on a new apartment. You notice that the lease has a prohibition against pets. You go ahead and sign even though you were planning to get a puppy to keep in the apartment. Assume there is a merger clause. You ask the landlord as you are signing whether it would be okay to buy a small puppy and keep in the apartment, and the landlord replies we have made arrangements for other tenants, just let us know. You buy the puppy a few weeks later and get her settled in the apartment and go down to the management office to let the landlord know. He says that he charges an extra $ deposit for animals, and in any event, the dog is too big and he will not accept it
Now lets assume you cannot enforce the landlord promise about the puppy. You decide you have to find another apartment. You leave your lease early and rent another puppy friendly apartment. The lease at your old apartment still has months left.
aAre you liable for the full months? Why or why not?
bWhat specific actions must your landlord undertake to demonstrate that she has made an attempt to reduce your damages and what is that called?
cNow assume the lease for your old apartment has a provision in it that said in the event of early termination by the tenant, the tenant would be liable for one month of additional rent. What is that term called when damages are difficult to forecast so the parties agree upon them in advance?
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