Kiritsis & Associates
A look at the duty to mitigate issues that often arise from New York lease agreement disputes.
Jul 26, 2021
Kiritsis Law Group. Phone: (212) – 922 – 0005.
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
When one party breaches a commercial lease, the following questions may arise:
Does the non-breaching party have a duty to mitigate damages? If yes, to what extent? Unlike with residential leases, case laws are more pronounced with commercial leases. This legal guide assumes the parties involved are NOT dealing in any “roomer”-type agreements, including seasonal and temporary occupancies.
Parole evidence challenges can successfully subject a properly written and legally binding lease. There may be New York case laws where an informal memorandum functions as a legally binding and enforceable written lease.
Depending on the situation, it may be the case, that commercial and residential landlords, may be subject-able in reporting rent roll receipt figures, in some way, shape and/or form. Whether or not a New York real property owner is subject to that requirement, could extenuate other issues, as it pertains to the points raised by this legal-guide article's title.
Regarding commercial versus residential premises, New York state legal departments have varying legal customs and specific wording of contract provisions depending on their respective districts. Landlords generally have NO liability to relet premises regarding nonexistent duties to mitigate when the tenant has legally abandoned the commercial premises.
The practical restraints brought on to the operations of the New York Judiciary System by the Coronavirus-related shutdowns, may have made much of the substance of this brief analysis, an incomplete and/or incorrect generalized explanation, of what is an already heavily technical and complicated topical area, within the study of jurisprudence.
To better assist in a quest of further analyzing this type of question(s) as revolving per this legal guide article, it may be useful to make additional inquiries, such as: Is it legal or practical to allow tenants to sublease? Are the premises that include rent or occupancy use complaint with recent building code regulations? Should the lease contain specific clauses regarding issues with security deposits?
Our firm can help you draft, review, negotiate, and execute any type of New York real property lease agreement. We are open seven days a week from 8 a.m. to 8 p.m. We offer prospective clients both exhaustive and comprehensive leasing law practice services, including the following:
Non-rent regulated residential lease agreements.
Rent regulated stabilized residential lease agreements.
Commercial lease agreements.
Industrial occupancy lease agreements.
Warehouse storage lease agreements.
Double net lease agreements. Kiritsis & Associates (212)–922–005.
Commercial leases with time extension option provisions.
Addendum and side deal real property lease agreements.
Existing lease assumption lease agreements.
Cancellation of residential lease agreements.
Barbershop and beautician related lease agreements.
Restaurant and related use lease agreements. Kiritsis & Associates (212)–922–005.
Deli and bodega related use lease agreements.
Bar and tavern related use lease agreements.
Religious institution and related use lease agreements.
Morgue and related use lease agreements.
Livestock related use lease agreements.
Timber related use lease agreements. Kiritsis & Associates (212)–922–005.
Oil drilling related use lease agreements.
Riparian and water rights related use lease agreements.
Dining hall use lease agreements.
Tenant-focused and customized lease agreements.
Condo lease agreements.
Condo co-op lease agreements. Kiritsis & Associates (212)–922–005.
Co-op-type building premises lease agreements.
Single family dwelling lease agreements.
Three family dwelling lease agreements.
Multi-family property lease agreements.
Commercial use building premises lease agreements.
Locker room/storage type lease agreements. Kiritsis & Associates (212)–922–005.
Laundromat and other related use lease agreements.
Florist, botanical, and horticulture use lease agreements.
Municipal related use lease agreements.
Hostel and other related use lease agreements.
Master lease agreements. Kiritsis & Associates (212)–922–005.
Hypothecating, equity-utilization, leveraging lease agreements.
Negotiating lease agreements.
We offer prospective clients services throughout the state of New York, including the following counties:
Albany
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You can call use today for a FREE initial consultation with a licensed New York real estate attorney at (212) – 922 – 0005.
We offer a number of fee payment options, including Flat, Hourly Rate, Mixed-type (various payment plans combined).
We accept all standard methods of payment, including Cash, Personal Check, Business Check, Cashier Check, Bank Check, Money Order, Debit Card, most Credit Cards.
We also sell template-type products, including legal guide pamphlet-style booklets.
For more information on any of the above services and products, or any type of legally related service product, contact us at any of our New York and New Jersey branch affiliates.
For more information, you may want to look up the following source materials:
HSTPA of 2019
New York Real Property Law (NY RPL) Section 7
New York City Department of Buildings
New York State Bar Association
New York Uniform Vendor Purchaser Risk Act
NY RPL §223
NY RPL §227
NY RPL §235
Brown v. Volkening, 64 N.Y. 76 (1876)
Matter of City of New York [Braddock Ave.], 251 App. Dir. 669 (2nd Dept. 1937)
Johnson v. Depew, 33 A.D.2d 645 (4th Dept. 1969)
V.R.W., Inc. v. Klein 68 N.Y.2d 560 (1986)
Stambovsky v. Ackley, 169 A.D.2d 254 (1st Dept. 1991)
Holy Props. Ltd., L.P. v. Cole Prods. Inc., 87 N.Y.2d 130 (1995)
Wells Fargo Bank N.A. v. Carney, S.O. A.D.3d 287 (1st Dept. 2008)
Island Fed. Credit Union v. Smith, 60 A.D.3d 730 (2nd Dept. 2009)
U.S. Bank v. Dellermo, 94 A.D.3d 746 (2nd Dept. 2012)
Carlo v. Koch-Matthews, 53 Misc 3d 466 (Cohoes City Court 2016)
Law Offices of Kiritsis & Associates
Phone: 212 922 0005
Manhattan Office (Main Office):
633 Third Avenue
New York, NY 10017
Suite 1306
Brooklyn Office (By Appointment Only):
1023 74th Street
Brooklyn, NY 11228
1st Floor
New Jersey Office:
7309 Ventnor Avenue
Ventnor, NJ 08406
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Phone: (212) – 922 – 0005.