Blanchard v. DiNardo

RUFE, J.,

In this assumpsit action, heard by the undersigned without a jury, plaintiff landlord sues for the balance of the rent due on his release agreement with defendant after defendant voluntarily vacated the rented property approximately thirty-one months before the end óf the lease term. Defendant counters that not only did plaintiff fail to mitigate defendant’s damages by securing a new tenant for the property, but plaintiff frustrated defendant’s attempts to mitigate those damages and discouraged new tenants from leasing the premises by insisting on a new rental figure 25 percent…