Don't Rely on Owner's Duty to Mitigate

Don't Rely on Owner's Duty to Mitigate

If you have a mitigation provision in your lease—a provision that requires the owner to make reasonable attempts to relet the space after a tenant defaults—and you vacate the premises early, don't assume you'll be off the hook for rent. The owner can still turn down a prospective tenant and come after you for the rent owed on the remainder of your lease.

That's what happened recently to an Ohio tenant that signed a lease containing the following provision:

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