A 2611 New York Assembly · 2025 Regular Session

Requires landlords to mitigate damages when commercial tenants vacate premises in violation of the terms of the lease

This bill requires commercial landlords to make reasonable efforts to re-rent vacated premises when a tenant breaks their lease, rather than simply claiming full unpaid rent. It directly affects commercial landlords and tenants by mandating that landlords actively seek new tenants at fair market value or the original lease rate (whichever is lower), reducing the damages they can claim from the departing tenant. Key provisions state that a new lease signed under these conditions automatically ends the previous tenant's liability, and any lease clause attempting to exempt landlords from this duty is void. The law applies exclusively to commercial leases, excluding residential properties and real estate purchase contracts.
Bill status died 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jun 2025
Assembly Passage
Jun 2025
Senate Passage
Governor
Introduced Jan 21, 2025 Last action May 21, 2026
Maddy AI version diff · 1 comparison

What changed between versions

A2611 A2611A · 3 edits
MINOR
This bill expands the landlord's duty to mitigate damages to include commercial tenants, not just residential ones. It requires landlords to actively try to re-rent commercial spaces at fair market value when a tenant leaves early, and it clarifies that the new tenant's lease ends the old one, stopping further damage claims.
Scope change
The bill's scope was expanded from applying only to residential leases (dwelling purposes) to also applying to commercial leases (premises not occupied for dwelling purposes).
SCOPE

Added a new subsection requiring landlords to mitigate damages for commercial tenants who vacate in violation of their lease terms.

REQUIREMENT

Clarified that a new tenant's lease automatically terminates the previous tenant's lease, ending the landlord's ability to collect rent from the old tenant once the new one begins.

ENFORCEMENT

Explicitly stated that the burden of proof lies with the party seeking to recover damages, shifting the legal responsibility for proving financial loss.

Floor votes · Assembly Jun 10, 2025

How they voted

8559
Passed · 5 other
Total votes 149
Jun 10, 2025
D Democratic102
85 Yea 12 Nay 5
83% Yea
R Republican47
47 Nay
100% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
12
Key actions
2
Committee
3
Amendments
1
May 21, 2026
Lower · Passed
AMENDED ON THIRD READING 2611A
lower
Jun 10, 2025
Committee
REFERRED TO RULES
upper
Jun 10, 2025
Lower · Passed
PASSED ASSEMBLY
lower
May 20, 2025
Committee
REPORTED REFERRED TO RULES
lower
Jan 21, 2025
Committee
REFERRED TO JUDICIARY
lower
1 primary · 5 co-sponsors

Sponsors