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A Landlord's Duty to Mitigate in The District of Columbia, Maryland and Virginia

Both landlords and tenants need to be aware of applicable state law concerning a landlord's duty to mitigate when negotiating the default provisions of a commercial lease. A look at three separate jurisdictions.

10 minute read September 26, 2011 at 10:44 AM
By
John Kelly
A Landlord's Duty to Mitigate in The District of Columbia, Maryland and Virginia

Under common law, a landlord had no duty to accept or procure a new tenant in order to mitigate damages (i.e., take reasonable action to avoid additional injury or loss) resulting from a tenant's breach of a lease, including with respect to an abandonment or refusal to occupy its premises.

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