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TREMITEK, LLC v. RESILIENCE CODE, LLC

Court of Appeals No. 22CA1009.

535 P.3d 1005 (2023)

2023 COA 54

TREMITEK, LLC, a Pennsylvania limited liability company, Plaintiff-Appellant, v. RESILIENCE CODE, LLC, a Colorado limited liability company, and Chad Prusmack, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

Announced June 15, 2023.

Attorney(s) appearing for the Case

Fox Rothschild LLP, Christopher T. Groen , Risa B. Brown , Denver, Colorado, for Plaintiff-Appellant.

Greenberg Traurig LLP, John A. Wharton , Camille Papini-Chapla , Denver, Colorado, for Defendants-Appellees.

¶ 1 When a tenant defaults on a commercial lease, a landlord has a duty to mitigate the damages caused by the tenant's breach. Most commonly, a landlord fulfills that duty by making reasonable efforts to find a replacement tenant. But must a landlord that has listed the leased property for sale exercise reasonable efforts...

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