La Casa Nino, Inc. v. Plaza Esteban

QUINN, Chief Justice.

This case raises the question whether a lessee is entitled to setoff against arrearag-es owed to the lessor the amount of an “entry premium” which the lessor received from a subsequent lessee as consideration for the lessor’s reletting of the premises to the subsequent lessee following the original lessee’s default but before the expiration of the term of the original lessee’s lease. In Plaza Esteban v. La Casa Nino, Inc., 738 P.2d 410 (Colo.App.1987), the court of appeals held that the entry premium could not be set off against the arrear-ages owed by the prior lessee.…