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PA Court Rules that Landlord Can Only Recover Damages for Unpaid Rent Through Date of Repossession

By Alan Nochumson and Alex Hamilton
October 01, 2024

In a recent opinion, the Pennsylvania Superior Court in 1700 Market St. Associates v. Common Grounds 1700 Market St., 314 A.3d 855 (Pa. Super. Ct. 2024), held that a commercial tenant was evicted from the leased premises rather than abandoning it and that, accordingly, the landlord could only recover damages for unpaid rent through the date when the landlord recovered possession of the leased premises, denying the landlord's claim for additional rent for the remainder of the lease term.

In Common Grounds, the landlord and the tenant entered into a written lease for the leased premises to be used as a coworking space in July 2019, the opinion said.

According to the opinion, rent under the written lease was abated for the first 10 months of the lease term.

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