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The Leasing Hotline
DAMAGES
After a default judgment award, a landlord is not entitled to penalties and interest where the landlord failed to show that it attempted to mitigate its damages and failed to show its calculation of the interest it claimed; an attorney is not entitled to fees at a requested hourly rate when that rate is too high compared with the rates charged by the rest of the community. Seaboard Stamford Investor Assoc. v. ThinkDirectMarketing, Civil No. 3:03cv1110 (PCD), U.S. District Court for the District of Connecticut, Dec. 24, 2003.
After various default proceedings, the landlord moved for a default judgment seeking damages and attorneys' fees against the tenant. The landlord sought a total of $355,427.95: $326,926.80 was claimed to be the tenant's arrears and 36 months of rent the lease permitted the landlord to seek in the event of breach; $4435 for attorneys' fees; $868.04 for costs and $23,198.11 for prejudgment interest. The tenant did not oppose the landlord's motion. The court found in favor of the landlord but adjusted the total damages.
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