Claim for Compensation and Obligation to Reduce Damages
Another extreme example discussed in the ruling, concerns the case where the tenant violated the lease agreement and abandoned the apartment.
Such a matter sounds extreme but can certainly exist in the event of an ongoing or extreme ‘misunderstanding’ between the parties.
The tenant will claim that the landlord did not repair essential defects in the apartment, or that due to ‘force Majeure he was prevented from using the apartment in a reasonable manner. The landlord of course will deny. And in any case, very quickly the tenant leaves the apartment during the rental period, and the landlord finds himself with an empty apartment.
In such a case, in addition to the claim that the landlord will of course file against the tenant, he will also have to try to rent the apartment to another, on the part of his duty to reduce damages.
He cannot leave the apartment empty and expect the court to award him full compensation for the entire rental period during which the apartment remained empty.