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Posted by Mark Smith on August 04, 1999 at 10:11:07:

In Reply to: Re: billed for damages I didn't cause posted by Anneliese on August 03, 1999 at 23:36:50:

Anneliese wrote:

: I just posted an e mail and then noticed Mark's reply. This may sound obvious, but in many areas the landlord is required to try to re-rent a vacated apartment ASAP (as opposed to ones that were already vacant) and as soon as it is rented, the old tenant no longer is liable for the rent. ...
: But I definitely agree with Mark--don't throw caution to the wind.

Strangely, this area of law (mitigation of damages) is not that clear in New York. The Court of Appeals (the highest court in the state) has held that the landlord of a commercial building is NOT required to mitigate damages. There is still debate whether or not the landlord of a residential building is required to.

In my original answer, I said the tenant might be held liable for several month's rent or use and occupancy, as opposed to the full six months of the remaining lease term -- assuming that mitigation of damages applied. The tenant could also be liable for the landlord's attorneys' fees, as well as re-renting expenses, although the landlord would have to re-rent in a matter of six months or so anyway.

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: Anneliese wrote:

: : I just posted an e mail and then noticed Mark's reply. This may sound obvious, but in many areas the landlord is required to try to re-rent a vacated apartment ASAP (as opposed to ones that were already vacant) and as soon as it is rented, the old tenant no longer is liable for the rent. ... 
: : But I definitely agree with Mark--don't throw caution to the wind.

: 
: Strangely, this area of law (mitigation of damages) is not that clear in New York.  The Court of Appeals (the highest court in the state) has held that the landlord of a commercial building is NOT required to mitigate damages.  There is still debate whether or not the landlord of a residential building is required to.

: In my original answer, I said the tenant might be held liable for several month's rent or use and occupancy, as opposed to the full six months of the remaining lease term -- assuming that mitigation of damages applied.  The tenant could also be liable for the landlord's attorneys' fees, as well as re-renting expenses, although the landlord would have to re-rent in a matter of six months or so anyway.  


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