Owner Tried to Mitigate Damages

May 21, 2009
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Facts: One year into a five-year lease agreement, a tenant stopped paying rent. After the owner demanded payment, the tenant entered into a separate agreement to bring the rent payments current. The tenant eventually vacated the space. The owner sought additional rent, but the tenant argued that it did not owe the additional rent and claimed that the owner failed to mitigate its damages by not making a reasonable effort to find a new tenant for the premises.

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