Facts

Defendant entered into a two-year lease of commercial property from plaintiff, the property owner. The monthly rent was over $2,000 per month. After defendant failed to pay rent, and eventually vacated, the owner was unable to re-lease the unit to a suitable tenant until after the end of the two-year term of said breached lease.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to pay their rent, and owed over $73,000 in unpaid rent. Plaintiff further contended that it was unable to mitigate its damages, arguing that it was unable to find a suitable replacement tenant. Plaintiff offered proof consisting of rental applications to support the position that it tried, yet could not, re-rent the space. Plaintiff brought several causes of action against the defendant, including breach of contract. Plaintiff did not assign away the responsibility of paying the rent.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff failed to mitigate damages, and further, that the plaintiff allowed defendant to assign the lease over to third parties.

Result

The court granted the plaintiff's motion for summary judgment. The court found that the defendant's contentions were not supported by sufficient evidence.