Mitigation of Damages Affirmative Defense to Breach of Lease & Contract in California Parties to contracts should be aware of the duty to mitigate damages by all parties, including landlords. This includes damages for unpaid rent that becomes due after the breach of a lease. This doctrine of mitigation of damages, often called a duty … Read More
Commercial landlords should carefully draft recapture provisions in leases if they seek to hold assignors of the lease liable for a breach of the covenant to pay rent by the assignee.
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