Isbey v. Crews
Court of Appeals of South Carolina
284 S.E.2d 534 (1981)
Relevant factsFree
Crews (defendant) leased office space from Isbey (plaintiff) for five years under a lease restricting the premises to use as a doctor's office and dialysis unit and barring subleasing without Isbey's consent, but nearly four years in, Crews vacated and sought to sublease to a medical supply company, which Isbey refused to allow. Isbey then sued to recover one month's unpaid rent, and the lower court granted Isbey summary judgment.
IssueFree
Whether, when a landlord has a duty to mitigate damages resulting from a tenant's breach, the burden of proof falls on the tenant to show the landlord failed to fulfill that duty.
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