Defendant-tenant notified plaintiff-landlord that he intended to vacate the space leased for his drugstore prior to the expiration of the lease term. He then removed most of his equipment and merchandise and surrendered the key. After the lease had expired, the landlord sued for the rent for the balance of the term. The landlord's sole apparent endeavor to relet after abandonment-placement of a window "for rent" sign-was revealed only on cross examination. Held: Unless a landlord pleads and proves efforts to relet wrongfully abandoned premises, he is not entitled to recover from a tenant the balance of rent due under their lease. Vawter v. McKissick, 159 N.W.2d 538 (Iowa 1968).
Landlord and Tenant—Mitigation of Damages—Landlord Must Plead and Prove Actual Efforts to Relet in Order to Recover Rent for the Balance of the Term of a Wrongfully Abandoning Tenant.—Vawter v. McKissick, 159 N.W.2d 538 (Iowa 1968),
45 Wash. L. Rev.
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