If I was evicted from an apartment, can my landlord request compensation for the 4 months that it took to find a new tenant?

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If I was evicted from an apartment, can my landlord request compensation for the 4 months that it took to find a new tenant?

Asked on May 23, 2012 under Real Estate Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although the landlord can recover damages (compensation) for the time it took to find another tenant, the landlord has to mitigate (minimize) damages by making reasonable efforts to find another tenant.  If the landlord allowed the place to remain vacant for four months without making reasonable efforts to find another tenant, the landlord has failed to mitigate damages and the landlord's damages will be reduced accordingly.

Reasonable efforts by a landlord to find another tenant will be determined by what other landlords in the area are doing to attract tenants; for example, posting a sign on the premises advertising the vacancy, advertising the rental in the newspaper, online, in a local rental guide, etc.


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