Owner Adequately Mitigated Damages

Owner Adequately Mitigated Damages



Facts: A medical supply business rented space at a shopping center. The tenant stopped paying rent, and the owner terminated the lease. The owner spent several months unsuccessfully trying to replace the tenant. It sued the tenant for back rent, costs incurred in trying to relet the space, and attorney’s fees. The tenant argued that the owner had a duty to mitigate its damages but hadn’t done so.

Decision: A Connecticut district court ruled in favor of the owner.

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