Disclosure: I'm an attorney in a practice area far removed from lease agreements. My hornbook understanding from years back is that there is generally a duty by landlords to mitigate when a lessee abandons. I was told in passing recently that this duty does not apply to commercial leases in California if there is a clause in the agreement that waives this right. I read an article on Lexis from an attorney that states this waiver is prohibited in California. Neither party cited any authority. Did not find anything in a cursory review of the commerical code, and CC 1952 et seq. did not have a silver bullet. Anyone have a starting point for authority or care to hazard an opinion? Thanks.
Real Estate Attorney
Commercial leases are no different than any other contract. There is a duty to mitigate after a breach. I am not aware of a commercial exemption nor the validity of a waiver. It would seem to go against public policy.
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