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Maida v. Main Building of Houston

Court of Appeals of Texas

473 S.W.2d 648 (1971)

Relevant factsFree

S.J. Maida (defendant) abandoned a 10-year, $550-per-month commercial lease from Main Building of Houston (Main Building) (plaintiff), which under the lease's terms had the right to relet the space and charge Maida for any lost rent and reletting expenses; Main Building relet the space nearly a year later to a new tenant at $800 per month, on a lease set to expire 18 months before Maida's original term would have ended (though with a two-year extension option), and sued Maida for damages. The trial court awarded unpaid rent and renovation expenses, offset by rent Main Building had already actually received from the new tenant, and Maida appealed, arguing the court should have also credited him for rent Main Building might collect in the future, including under the extension option.

IssueFree

Whether, if a tenant abandons rental property and the landlord relets the property, the amount of damages the tenant owes is reduced by the amount of future rent the landlord may get under the new lease.

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