Lance Industries completed construction of a new office building and rented the entire ground floor to Tollup, an attorney, under a three year lease which fixed rent at six hundred dollars per month. Lance was unable to obtain a tenant to rent any other space in the building. Six months later, Tollup vacated the premises. In a claim by Lance against Tollup for rent for the balance of the term, which one of the following additional facts if it were the only one true, would be most likely to result in a judgment for Tollup?
(A) The day after Tollup vacated, Lance rented the ground floor to another attorney on a month-to-month basis at a rent of five hundred dollars per month.
(B) The day after Tollup vacated, Lance began using the ground floor as a management office for the building.
(C) The reason Tollup vacated was that the building was located in a part of town not easily accessible by public transportation, and as a result many of Tollup’s client refused to travel to see him there.
(D) The reason Tollup vacated was that he had been disbarred and was disqualified from the practice of law.
Lardner rented a warehouse to Torrelson pursuant to a lease which fixed the rent at five hundred dollars payable at the beginning of each month. The lease contained a provision stating that in the event Torrelson failed to pay rent as agreed, Lardner had the right to terminate the tenancy and re-enter the premises. After Torrelson missed two rent payments, Lardner threatened to institute an eviction proceeding unless the unpaid rent was paid immediately. The following day, Torrelson moved out, sending Lardner a check for one thousand dollars in payment of rent already owing. Also enclosed was a letter which stated that it was Torrelson’s intention to surrender the premises immediately, and an additional check for five hundred dollars in payment of the following month’s rent. Lardner made no attempt to re-rent the warehouse, and it remained vacant for the balance of the term of Torrelson’s lease. Upon its expiration, Lardner asserted a claim against Torrelson for unpaid rent from the date Torrelson vacated until the end of the lease term.