O'BRIEN v. BLACK

No. 92-073.

648 A.2d 1374 (1994)

Donohoe O'BRIEN, Burlington Square Limited Partnership, d/b/a Burlington Square v. William R. BLACK, Karen L. Black and Pickwick & Perkins, Ltd.

Supreme Court of Vermont.

Motion for Reargument Denied August 10, 1994.


Attorney(s) appearing for the Case

Dennis R. Pearson and Craig Weatherly of Gravel and Shea, Burlington, for plaintiffs-appellants.

Paul D. Jarvis and Richard R. Goldsborough of Jarvis & Kaplan, Burlington, for defendants-appellees.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


JOHNSON, Justice.

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...

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