senate Bill S7053

2019-2020 Legislative Session

Requires landlords to mitigate damages when commercial tenants vacate premises in violation of the terms of the lease

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary

S7053 (ACTIVE) - Details

See Assembly Version of this Bill:
A8482
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §227-e, RPT L

S7053 (ACTIVE) - Summary

Requires landlords to mitigate damages when commercial tenants vacate premises in violation of the terms of the lease.

S7053 (ACTIVE) - Sponsor Memo

S7053 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7053

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2020
                               ___________

Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation  to  requiring  land-
  lords  to  mitigate damages when commercial tenants vacate premises in
  violation of the terms of the lease

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 227-e of the real property law, as added by section
4  of  part  M  of chapter 36 of the laws of 2019, is amended to read as
follows:
  § 227-e. Landlord duty to mitigate damages. In  any  lease  or  rental
agreement,  excluding any real estate purchase contract defined in para-
graphs (a), (c) and (d) of subdivision  four  of  section  four  hundred
sixty-one  of  this  chapter,  [covering  premises occupied for dwelling
purposes,] if a tenant vacates a premises in violation of the  terms  of
the  lease, the landlord shall, in good faith and according to the land-
lord's resources and abilities, take reasonable and customary actions to
rent the premises at fair market value or at the rate agreed  to  during
the  term  of the tenancy, whichever is lower. If the landlord rents the
premises at fair market value or at the rate agreed to during  the  term
of  the tenancy, the new tenant's lease shall, once in effect, terminate
the previous tenant's lease and mitigate damages  otherwise  recoverable
against  the previous tenant because of such tenant's vacating the prem-
ises. The burden of proof shall be  on  the  party  seeking  to  recover
damages.  Any  provision  in  a  lease that exempts a landlord's duty to
mitigate damages under this section shall be void as contrary to  public
policy.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13512-01-9

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