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Commercial Landlord's Duty to Mitigate: State Comparison Chart

by Practical Law Real Estate

Law stated as of 21 August 2019 | Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, USA (National/Federal), Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

A Chart offering a state-by-state overview of laws governing a commercial landlord's duty to mitigate damages if a tenant defaults on its lease. This Chart identifies whether a state imposes this duty on a commercial landlord, if that duty arises under statute or case law and identifies which party has the burden of proving mitigation in a landlord-tenant dispute. For counsel, this resource offers guidance on drafting effective lease clauses related to tenant abandonment and landlord remedies, helping to manage risks associated with a tenant breach. This Chart is updated semi-annually.

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