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Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Florida, USA-I owned a retail store that had to be closed in

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Florida, USA-I owned a retail store that had to be closed in November 2008. I struggled to keep the store open, but explained to the center that monthly sales had been decreasing and attempting to continue while cost of goods were up 17%-22% (some as much as 35%), made it impossible to stay open. It was early spring 2009 when I drove by the storefront and noticed the space was occupied. It did not take the center long to fill it. I received a judgement last night for the breach of the lease, plus legal fees, etc. I am wondering, since the space was filled in a very short amount of time, is there a chance I could fight this and win? I can't afford an attorney, but I have the option to respond to the judgement with a letter. Any advice would be greatly appreciated. Thank you in advance.
Submitted: 7 years ago.
Category: Business Law
Expert:  Ellen replied 7 years ago.
Hello,

You would be subject to damages for the early termination of your lease but not necessarily the full balance of the payments.


Here is why.


In Florida, the landlord has a duty to mitigate his damages resulting from early termination of a lease. This means that the landlord must use reasonable efforts to relet the property.


Since the landlord was able to mitigate his damages and relet the property, you would be liable only for any shortfall between the new tenants lease and your lease.



I hope that I have fully answered your question and the answer was helpful to you.

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