In Rios v. Carrillo (53 AD3d 111, 861 NYS2d 129 [2d Dept 2008]), the Second Department clarified that the Holy Props. ruling extends in similar circumstances to rent acceleration clauses in residential leases.

Specifically, in a case involving a residential tenant who voluntarily abandoned the premises, the Rios Court held that unless a surrender of the lease by operation of law had occurred, the landlord was entitled to enforce the lease's rent acceleration clause without attempting to mitigate damages. (See Rios v. Carrillo, 53 AD3d at 114.)

However, because the lower court had not considered whether a surrender of the lease by operation of law, which would have terminated the parties' lease obligations to each other, had taken place, the Rios Court remanded the case for the lower court to do so.