Legal Question in Landlord & Tenant Law in California

Commercial lease - landlord's duty to mitigate

My understanding is that under the Calif civil code, a commercial landlord has a duty to mitigate (re-lease) if tenant abandons the premises. Is this correct and can this provision of the law be waived by the landlord's written lease? Thank you very much.

Asked on 5/14/08, 8:48 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Commercial lease - landlord's duty to mitigate

You understanding is correct. A lease cannot waive the law.

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Answered on 5/15/08, 2:46 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Commercial lease - landlord's duty to mitigate

You (and Mr. McCoy) are correct.

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Answered on 6/18/08, 2:15 am


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