New York Civil Court, Queens County
390 N.Y.S.2d 959 (Civ. Cit. 1976)
Kenneth Lambert and his wife (defendants) signed a three-year lease to rent an apartment from Lefrak (plaintiff). The lease included a provision that the landlord had no duty to mitigate damages if the tenants breached the terms of the lease. The Lamberts took up residence on September 15, 1973, but moved out on November 20, 1974, when they were two months behind on their rent. Their security deposit was approximately equal to the two months’ rent that they owed. The apartment then remained vacant for seventeen months until it was re-rented on May 1, 1976 (the Lamberts’ lease ran until September 30 of that year). The plaintiff brought suit against the defendants for unpaid rent and attorneys’ fees totaling $5,462. The trial court determined that the plaintiff had failed to prove that he had in good faith attempted to re-rent the apartment. The court then determined the applicable rule of law.
Rule of Law
Holding and Reasoning (Posner, J.)
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