Owner Adequately Mitigated Damages

August 31, 2015
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Facts: A shopping center owner sought to recover damages from a liquor store tenant after it breached its lease and lease guarantees by failing to pay rent. After the owner sent the tenant a notice to quit possession of the premises, the tenant moved out. The owner sued the tenant. The tenant argued that it shouldn’t have to pay monthly rent until the space is occupied by a new tenant. The tenant claimed that the owner hadn’t mitigated its damages by finding a new tenant. A trial court ruled in favor of the owner. The tenant appealed.

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