(e) If the tenant unequivocally indicates by
words or deeds the tenant's intention not to honor the tenancy before
occupancy, the tenant shall be liable to the landlord for the lesser of the
following amounts:
(1) All moneys deposited with the landlord;
(2) One month's rent at the rate agreed upon in the
rental agreement;
(3) All rent accrued from the agreed date for the
commencement of the tenancy until the dwelling unit is re-rented at the fair
rental, plus the difference between such fair rent and the rent agreed to in
the prior rental agreement, plus reasonable costs, and a reasonable commission
for the re-renting of the dwelling unit. This paragraph applies if the amount
calculated hereunder is less than the amounts calculated under paragraphs (1)
or (2), whether or not the landlord re-rents the dwelling unit. [L 1972, c 132,
pt of §1; am L 1974, c 180, §5; gen ch 1985]