Cal. Civ. Code § 8-207
Md. Code Ann., Real Property Art. Title 8 — Landlord and Tenant
Operative Text
(a) The aggrieved party in a breach of a lease has a duty to mitigate damages if the damages result from the landlord’s or tenant’s: (1) Failure to supply possession of the dwelling unit; (2) Failure or refusal to take possession at the beginning of the term; or (3) Termination of occupancy before the end of the term. (b) The provisions of subsection (a) of this section do not impose an obligation to show or lease the vacated dwelling unit in preference to other available units. (c) If a tenant wrongly fails or refuses to take possession of or vacates the dwelling unit before the end of the tenant’s term, the landlord may sublet the dwelling unit without prior notice to the tenant in default. The tenant in default is secondarily liable for rent for the term of the tenant’s original agreement in addition to the tenant’s liability for consequential damages resulting from the tenant’s breach, if the landlord gives the tenant prompt notice of any default by the sublessee. (d) No provision in this section may be waived in any lease.
Maryland Real Property § 8-207 establishes a mutual duty to mitigate damages when a lease is breached under specific circumstances — namely, when a party fails to deliver or take possession of a unit, or when a tenant vacates before the lease ends. The party harmed by the breach cannot simply let losses accumulate; they are expected to take reasonable steps to reduce them. Importantly, this duty does not require the harmed party to prioritize the vacated unit over other available units they may have. This provision cannot be waived by any lease clause.
Plain English — not legal advice.
Under Md. Code Ann., Real Prop. § 8-207, landlords who suffer a breach — such as a tenant refusing to take possession or vacating early — are generally expected to make reasonable efforts to re-rent the unit rather than allowing rent to accrue indefinitely. Compliant operators typically document their re-leasing efforts, such as advertising the unit and tracking inquiries, to demonstrate mitigation. If a landlord sublets the unit after an early departure, § 8-207(c) requires that the landlord give the original tenant prompt notice of any default by the sublessee to preserve a claim for secondary liability against that tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maryland Real Property § 8-207 also protects tenants when a landlord fails to deliver possession of a unit — the landlord has a corresponding duty to mitigate any resulting damages rather than compounding them. Tenants who face a situation where a landlord is claiming ongoing rent after an early departure may find that the landlord's failure to make reasonable re-leasing efforts is relevant to the amount owed. Because § 8-207(d) prohibits any lease clause from waiving these protections, tenants can raise a landlord's failure to mitigate as a defense regardless of what the lease says; tenant-rights organizations or legal aid offices can help explain how this provision applies in a given context.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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