LEASE DEFAULTS AND THE EFFICIENT MITIGATION OF DAMAGES*
研究了传统与现代租赁法对房东减轻损害义务的不同规定，通过经济模型分析两种规则对租户投资和房产闲置的影响，适用于法律经济学和房地产领域学者。
ABSTRACT The traditional law of leases imposed no duty on landlords to mitigate damages in the event of tenant breach, whereas the modern law of leases does. An economic model of leases, in which absentee tenants may or may not intend to breach, shows that the traditional rule promotes tenant investment in the property by discouraging landlord entry. In contrast, the modern rule prevents the property from being left idle by encouraging landlords to enter and re‐let abandoned property. The model reflects the historic use of the traditional rule for agricultural leases, where absentee use was valuable, and the emergence of the modern rule for residential leases, where the primary use entails continuous occupation.