Breach-of-Lease Damages Are Invalid

Breach-of-Lease Damages Are Invalid

Facts: A restaurant tenant leased space in a building for a five-year term. During the course of renegotiating the lease at the end of the term, the tenant gave the owner a personal written guaranty. The lease provided for accelerated rent if the tenant breached the lease. The restaurant closed, and the tenant left the premises with three-and-a-half years remaining on the lease. The owner posted a sign at the building, noting that the property was available for lease.

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