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Does the landlord have a duty to mitigate on a commercial lease?

Oakland, CA |

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.

Attorney Answers 1


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.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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