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The Leasing Hotline
LIQUIDATED DAMAGES
A landlord may be awarded liquidated damages where the tenant materially breaches the lease, even if the actual damages suffered by the landlord were less than the liquidated damages and could be easily calculated. Koylum, Inc. v. Pesken Realty Corp., 99 CV 3793, U.S. District Court for the Eastern District of New York, Dec. 2, 2004.
The landlord leased a gas station to the tenant, who operated the gas station between June 1996 and October 2002. The lease required the tenant to purchase its gasoline supplies from a specific supplier, except under certain circumstances and conditions. The relationship between the landlord and the supplier was that of husband and wife. In 1998, the tenant began to purchase its gasoline from another supplier. The landlord advised the tenant that it would terminate the lease because the tenant had purchased gasoline from another supplier without the existence of special circumstances or conditions. The parties entered into a stipulation, but the tenant continued to purchase gasoline from other suppliers. Subsequently, the landlord sold the premises, and the new landlord (Mascolo) attempted to make a new agreement with the tenant. The tenant commenced a lawsuit against the prior landlord, claiming that it had been denied its right of first refusal to purchase the gas station.
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