Duda v. Thompson

Randy Thompson (defendant) leased a house from Carol Duda (plaintiff) for a two-year term at $19,200 annual rent, with a clause accelerating the full remaining balance upon default and a separate clause permitting, but not requiring, Duda to re-enter and re-let the property. Thompson defaulted on three monthly payments and, unbeknownst to Duda until months later, vacated the property entirely in March 1996. Duda sued for the unpaid and accelerated rent; Thompson argued Duda had a duty to mitigate her damages by re-letting the property and had failed to do so.