Millikan v. American Spectrum Real Estate Services California, Inc.

Opinion

IKOLA, J.

Defendant contends that when a landlord sells leased property after the tenant has abandoned the lease, the landlord may not recover from the tenant expenses incurred in selling the property. We conclude the law does not impose that blanket prohibition. Instead, the landlord’s entitlement to recover selling expenses from a breaching tenant depends upon the evidence adduced in a particular case, as is true with respect to other expenses incurred by the landlord in mitigating damages, and as is true generally when calculating damages from breach of contract. In this case,…