[WSBARP] Landlord's Election of Remedies

[Paul Neumiller]

Listmates:  It’s been a while so I apologize for the basic question.
Commercial landlord client has a tenant who has unilaterally vacated with
three years remaining on the lease and sent the keys.  LL may elect to (1)
terminate the lease, mitigate damages, and sue T for the difference OR (2)
not terminate the lease but rather re-enter the premises and re-let the
premises either in the name of the LL or in the name of the tenant, and
then sue for the difference.

 

What are the factors in LL’s decision to make either election?  

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