O'BRIEN v. Black

Today, in affirming the judgment of the superior court, we hold that a commercial landlord has a duty to make reasonable efforts to mitigate its damages when its tenant abandons the leased property. This duty arises as soon as the landlord has notice of the tenant’s abandonment, even if the lease has not been formally terminated.

Landlord, Burlington Square Mall, brought this action to recover rents and expenses under a lease after tenant, Pickwick & Perkins, Ltd., abandoned the leased premises before the scheduled expiration of the lease term. The lease provided that, in the event of default…