KMWB just received a noteworthy decision on behalf of its client fully prevailing on a breach of lease case. The residential tenant vacated the residential space claiming she was unable to pay due to the COVID pandemic and among the many defenses raised was that the Landlord failed to mitigate its damages under the newly enacted Real Property Law § 227-E.
In the first reported case discussing the landlord’s obligations under R.P.L. §227-e, the court ruled that so long as the landlord made reasonable efforts to mitigate, its satisfied its obligations even if the new rent was lower than the prior rent.
The court granted the landlord’s motion for summary judgment and additionally awarded the landlord brokerage fees, all unpaid arrears with interest, and attorneys’ fees.