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Q: A tenant that wants to sublet its space has offered a replacement tenant, but the new tenant wouldn’t meet the requirements we had agreed on in the sublet and assignment provisions of our lease, so I have refused to consent to this arrangement. In fact, the new tenant wants to pay less base rent and is insisting that we sign a new lease. The deal is actually unfavorable to me, but now the tenant is claiming that I have a duty to mitigate my risk by accepting the tenant it has provided. Who is likely to prevail in a lawsuit?
