Again, from contract law, also applicable to property law, a landlord must use reasonable effort to mitigate damage. Some minority jurisdictions based on common law do not require this and the landlord can sit on the unexpired lease and collect damage after its expiration, unless he has unclean hands or has a problem of latch.
Reasonable effort, or good faith, is what a reasonably prudent person would do in the same situation. Obviously this will be determined by the judge in a bench trial or by a jury. The same fact can be interpreted both ways. I would think a systematic pattern is needed. For example, if the landlord always turned down offers, no matter who wants to rent, what financial situation he has, or substantially increases the rent so that nobody could rent. A small increase in rent may or may not constitute bad faith in the eye of the court.
Reasonable effort, or good faith, is what a reasonably prudent person would do in the same situation. Obviously this will be determined by the judge in a bench trial or by a jury. The same fact can be interpreted both ways. I would think a systematic pattern is needed. For example, if the landlord always turned down offers, no matter who wants to rent, what financial situation he has, or substantially increases the rent so that nobody could rent. A small increase in rent may or may not constitute bad faith in the eye of the court.