|
While most states recognize that a landlord has a duty to mitigate damages, as a recent Texas case illustrates, the duty of mitigation is not a uniformly accepted practice. And, while well-settled legally in many states, the issue still could be better understood by landlords and brokers everywhere.
|
www.ciremagazine.com/article.php?article_id=620
|
|
|
|
We have another great legal issue article contributed to this community blog as a public service by ... RE: "Landlord Duty to Mitigate Damages in Residential Lease Shot Down"; Westmoreland... ... RE: "Landlord Duty to Mitigate Damages in Residential Lease Shot Down"; It is ridicoulous for you assholes to be able to N...
|
www.realtown.com/JohnManiec/blog/real-estate-legal-issu...
www.realtown.com/JohnManiec/blog/real-estate-legal-issues/landlord-tenant-alert
|
|
|
In recent years, many states have enacted statutes applicable to residential landlords that impose a duty to mitigate. There is no consistency, however, in the case law regarding a commercial landlord's duty to mitigate damages.
|
www.hklaw.com/id24660/PublicationId2195/ReturnId31/cont...
www.hklaw.com/id24660/PublicationId2195/ReturnId31/contentid49361/
|
|
§ 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. (b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.
|
law.onecle.com/texas/property/91.006.00.html
|
|
landlord's consent to a sublease. The issue here is whether or not the landlord has the duty to mitigate damages by consenting to the sublease, even though ...
|
www.jstor.org/stable/1598448
|
|
It has long been recognized under Ohio law that when a tenant to a residential lease vacates or abandons the premises, the landlord has a duty to mitigate its damages. Typically, the landlord tries to find new tenants who can replace the older tenant.
|
www.martindale.com/business-law/article_Buckingham-Dool...
www.martindale.com/business-law/article_Buckingham-Doolittle-Burroughs-LLP_9498.htm
|
|
LANDLORD HAS NO DUTY TO MITIGATE ... In Rios v Carrillo the court extended to residential tenancies a prior decision by the New York Court of Appeals, holding that commercial landlords did not have to mitigate damages — unless the lease stated otherwise.
|
www.wny-lawyers.com/wordpress/?p=62
|
|
A landlord has a duty to mitigate his damages when a tenant breaches a lease. The landlord has a duty to find another tenant, and cannot let the property sit empty for two years and sue the old tenant for back rent.
|
www.legalmatch.com/law-library/article/duty-to-mitigate...
www.legalmatch.com/law-library/article/duty-to-mitigate-damages.html
|
|
In reaching this decision, the Court found that for purposes of damages, ... From a lease-preparation and negotiation standpoint, this decision means that a commercial tenant should confirm that its lease expressly obligates or is at least silent on the landlord's duty to mitigate. In contrast, landlords must now...
|
www.martindale.com/real-estate-law/article_Buckingham-D...
www.martindale.com/real-estate-law/article_Buckingham-Doolittle-Burroughs-LLP_25576.htm
|
|
