Landlord Had No Duty to Mitigate Damages

February 1, 2009

LVT Number: #21008

Yonkers landlord sued former tenant in small claims court to recover money tenant failed to pay under the terms of an agreement signed when tenant broke his lease and moved out. Landlord had agreed to rent the apartment to new tenant at less rent than tenant had paid, provided that tenant paid landlord the difference for the remaining months of tenant's lease as well as for the following few months until new tenant's lease ended. The court ruled for landlord. Tenant appealed and lost. Landlord had no duty to mitigate damages when tenant abandoned the apartment in the middle of his lease.

Yonkers landlord sued former tenant in small claims court to recover money tenant failed to pay under the terms of an agreement signed when tenant broke his lease and moved out. Landlord had agreed to rent the apartment to new tenant at less rent than tenant had paid, provided that tenant paid landlord the difference for the remaining months of tenant's lease as well as for the following few months until new tenant's lease ended. The court ruled for landlord. Tenant appealed and lost. Landlord had no duty to mitigate damages when tenant abandoned the apartment in the middle of his lease. The amount that tenant agreed to pay landlord still was less than what he would have owed as rent for the remainder of his lease.

Smith v. James: 22 Misc.3d 128(A), 2009 WL 78368 (1/9/09) (App. T. 2 Dept.; Rudolph, PJ, Molia, Scheinkman, JJ)

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