Legal Question in Real Estate Law in New Jersey

Landlord - duty to mitigate damages

In NJ, is it the duty/law for the Landlord to try & mitigate damages in case of termination of commercial lease (retail store), similar to residential property.

Is landlord required to mitigate damages related only rent damage OR also damages related to vanilla box construction, brokerage charges, attorney fee etc.

I had closed a restaurant & landlord has sued for exorbitant demolition/construction cost of over $25K for just knocking down four small walls. I had got estimates of $7K. He says that the lease does not obligate him to mitigate these damages. I suspect he has a side-agreement with the contractor for some other project or somebody is making a big profit at my expense.


Asked on 9/13/06, 2:56 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Landlord - duty to mitigate damages

oh, boy. the law on commercial leases is VERY strongly in favor of landlords in this area. however, he can not just manufacture a ridiculous claim and get paid, he has to prove it.

You need a lawyer at this point. Chatting on this computer site will not help. Get ready for a fight. You have some options and you have some rights, like requiring him to prove his damages in a Court of law. Go see a lawyer.

You sound like a reasonable person. If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 9/13/06, 3:18 pm


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