Landlord remedies for breach of tenant's duties
Failure to Pay rent - sue for damages and to remove tenant. NO SELF HELP! Includes commercial leases, where notice is required before re-eentry. No duty to mitigate where failure to pay rent. If tenant fails to vacate after eviction, new tenant may bring action to evict holdover tenant or moay void lease altogether.
Abandonment - treat as offer to surrender, retake premises. Under common law: duty to mitigate damages. Under NY law: no duty to mitigate.
Holdover tenants - accept rent = periodic tenant w/ mirrored terms. No acceptance of rent = tenant at sufferance = landlord may evict. Where allowed: Self-help, impose higher rent.