Rent Due During Overlap Between Leases Mitigated Breach

September 27, 2013
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Facts: In 2001, a tenant entered into a 10-year lease for office space owned by a state entity. The space was to be used by an educational service center as subtenant. (At the time the lease was entered, the owner was required by law to provide space for the service center; this statutory requirement was phased out in January 2007, and later that year the subtenant stopped paying rent on the leased premises.) In August 2007, the owner signed a new 10-year lease with the tenant for a different space in the building.

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