Mitigation of damages new york

If a tenant defaults, landlords can pursue nonpayment of rent actions without having to contend with the issue of whether they mitigated their damages. Advocates of imposing this duty on residential landlords argue that without such a duty, landlords can hold tenants hostage to their leases and are incentivized to do nothing upon a breach since they can recover all damages from the defaulting tenant.

While it is true that a landlord could choose to do nothing, this may not be all that likely in practice, as collecting rent from a new tenant is far more attractive than pursuing a defaulting tenant whose default might very well have been because he or she could no longer afford to pay rent.

Nevertheless, a majority of states impose a duty to mitigate on residential landlords, but for now, New York has not joined that majority. Oct 25, Prior results do not guarantee a similar outcome. Lewkowicz Early this month, the New York State Assembly passed Assembly Bill A , requiring commercial landlords to mitigate their damages when a tenant vacates a premises prior to the end of their lease term.

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Mitigation of Damages Warren A. December 01, at AM 1 minute read. This content has been archived. To view this content, please continue to their sites. Connecting …. Are You a Lawyer? Grow Your Practice. What are Examples of Mitigation of Damages? Jose Rivera Managing Editor Editor. Last Updated: Dec 7, Choose Your Legal Category: Family. Criminal Defense. Real Estate. Child Support.

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