Sateesh Nori, the director of housing litigation at Bedford Stuyvesant Community Legal Services, writes: The rule that a landlord has a duty to mitigate derives from basic principles of contract law. The doctrine that the landlord has no duty to mitigate was seemingly mandated by the Second Department in 2008. Now, four years later, uncertainty still abounds as courts waver in applying contract principles to lease breaches and carve exceptions into the rule that a landlord has no duty to mitigate.
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Does a Landlord Have a Duty To Mitigate? No, but Maybe
New York Law Journal
August 30, 2012
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