June 27, 2018

Court Limits Recovery After Premature Lease Termination

Understanding a lease agreement may be critical to knowing what damages you are entitled to in a lawsuit alleging a breach of that agreement.  In a recent case, the plaintiff landlords filed a complaint against defendant tenants.  The plaintiffs alleged the defendants executed a lease and then cancelled the lease nearly two years before the lease term was set to expire.  The plaintiffs contended the defendants owed the rent for the unexpired portion of the lease.  The plaintiffs later moved for default judgment.  

Having determined that default judgment was appropriate, the court evaluated damages.  The court examined the lease at issue and determined that the plaintiffs established a prima facie case for recovery of the rent due for the unexpired portion of the lease.  However, the court determined that the lease did not require the payment of the type of attorney's fees and costs incurred by the plaintiffs in the lawsuit.

For more information about the topic of this blog post, please contact Stark Weber PLLC’s Steven D. Weber at 305-377-8788 or steve@starkweber.com.