New York S00421 requires landlords to mitigate damages when commercial tenants vacate premises in violation of the lease terms.
New York S00421 amends the real property law to mandate that landlords take reasonable actions to mitigate damages when commercial tenants vacate premises in violation of the lease terms. This includes renting the premises at fair market value or the agreed rate during the tenancy. Any lease provision exempting the landlord's duty to mitigate damages is void as contrary to public policy. The burden of proof for recovering damages falls on the party seeking to recover them.
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