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The Leasing Hotline
Lessees Must Pay Purchaser of Property Rent for Remainder of the Lease Term
Lessees who vacated the premises prior to expiration of the term must pay the purchaser of the property rent for the remainder of the lease term. L&M Realty, LLC v. Landino, 2009 Conn. Super. LEXIS 2415 (Conn. Super. Ct. Aug. 31, 2009)
The former lessees had signed a 10-year lease. The lessees moved out of the leased building three years later. The property owner purchased the building two years after the lessees left. The former landlord, as subrogor of the property owner, filed a declaratory action against the former lessees in which the parties stipulated in a judgment that the lease had been assigned to the property owner and remained in full force and effect. The former lessees did not make any rent payments. The property owner elected to terminate the lease. At the hearing for damages, the property owner presented evidence that it attempted to mitigate its damages by listing the property for sale or lease. The liquidated damages clause in the lease was enforceable because the damages that the property owner were going to sustain were uncertain and difficult to prove, the parties to the lease intended to liquidate damages in advance, and the amount stipulated as liquidated damages was reasonable. The property owner proved actual damages for accrued rent, real estate taxes, and reasonable attorney fees and costs and discounted advanced damages for rent owed on the remainder of the lease. The court held in favor of the owner and entered judgment in the amount of $464,192.15 against both former lessees.
Lessees Must Pay Purchaser of Property Rent for Remainder of the Lease Term
Lessees who vacated the premises prior to expiration of the term must pay the purchaser of the property rent for the remainder of the lease term. L&M Realty, LLC v. Landino, 2009 Conn. Super. LEXIS 2415 (Conn. Super. Ct. Aug. 31, 2009)
The former lessees had signed a 10-year lease. The lessees moved out of the leased building three years later. The property owner purchased the building two years after the lessees left. The former landlord, as subrogor of the property owner, filed a declaratory action against the former lessees in which the parties stipulated in a judgment that the lease had been assigned to the property owner and remained in full force and effect. The former lessees did not make any rent payments. The property owner elected to terminate the lease. At the hearing for damages, the property owner presented evidence that it attempted to mitigate its damages by listing the property for sale or lease. The liquidated damages clause in the lease was enforceable because the damages that the property owner were going to sustain were uncertain and difficult to prove, the parties to the lease intended to liquidate damages in advance, and the amount stipulated as liquidated damages was reasonable. The property owner proved actual damages for accrued rent, real estate taxes, and reasonable attorney fees and costs and discounted advanced damages for rent owed on the remainder of the lease. The court held in favor of the owner and entered judgment in the amount of $464,192.15 against both former lessees.
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