New York A02611 requires landlords to mitigate damages when commercial tenants vacate premises in violation of the lease terms.
New York A02611 amends the real property law to mandate that landlords take reasonable actions to mitigate damages when commercial tenants vacate in breach of their lease. This includes renting the premises at fair market value or the agreed rate during the tenancy term. The new tenant's lease terminates the previous tenant's lease and mitigates damages recoverable against the vacating tenant. The burden of proof for recovering damages lies with the party seeking recovery. Any lease provision exempting the landlord's duty to mitigate is void as contrary to public policy.
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