Article by Bradley C. Guin
The duty to mitigate damages is a principle that transcends most areas of the law, including tort and contract. Whether the duty exists in the landlord-tenant context, however, is unsettled in Louisiana. Some Louisiana courts of appeal hold that a lessor owes a duty to mitigate damages by reletting the property in the event of the lessee's unjustified abandonment. Others hold the opposite. To resolve this circuit split, this Essay argues that the pro-mitigation rule is the better position and, indeed, the current state of the law in Louisiana. This argument is founded on three bases. First, the Civil Code imposes the duty to mitigate upon all obligees. There is no qualification that excepts lessors from its reach. Second, the primary justification for the no-mitigation rule lies in the premise that leases are conveyances of property. This premise is incompatible with Louisiana law, which treats leases as contracts. The third, and final, basis is policy considerations. The duty to mitigate acts as a market-facilitating rule, encouraging economic efficiency and discouraging waste.
About the Authors
Bradley C. Guin, Associate Attorney at Roedel Parsons Blache Fontana Piontek & Pisano, A L.C.
Citation
96 Tul. L. Rev. 293 (2021)