Landlord's Board Testimony Regarding Damages Was Improper

Facts: A dry cleaning business subleased space in a shopping center. The business owner was also the guarantor on the sublease. The subtenant prematurely vacated the space. The landlord sued the subtenant. A trial court ruled in favor of the landlord, awarding it $343,000 in damages. The damages represented lost rent over the remainder of the sublease, real estate escalation charges, the cost of a new sign, the costs of preparing the space for re-rental, and the proportional real estate broker’s fee for obtaining a new tenant.

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