I am trying to find case law regarding the North Carolina landlord's duty to mitigate damages from the early termination of a residential lease (apartment). I leased an apartment in a military town and moved out early (Nov 2006) to move into government housing on the military base. I was told verbally that my apartment would be next on the list to be rented out, and I have continued to pay rent since my lease specifies that I am liable until the apartment is rented. However, I have discovered that two new tenants have moved in in January 2007 while I was being told by management that no one was coming in to look at apartments due to slow business.

Does the landlord have a duty to rent out my old apartment first according to NC law?

Can I take the landlord to court if they do not agree to terminate my lease since they had opportunities to mitigate damages but chose not to fill my old apartment?

Any information or referrals to statutes and case law would be appreciated.

I am planning on taking this matter to small claims court if I cannot resolve it with the apartment management.

Thank you.

There is always a different side to every story. It is not up to your landlord to rent out your old apartment first. He can show it and if the applicant decides he or she does not want it he can show them another unit. What I am saying is that the decision is not entirely up to the landlord. You can help by talking to your landlord and offer to steer people to your old apartment.

Thank you for your reply. I had been actively trying to fill the apartment through ads offering cash rewards, so I was concerned about whether my landlord was also trying to rent it. We ended up working out the matter ourselves. Thanks again.