CUMMINGS PROPERTIES, LLC v. DARRYL C. HINES., 201 N.E.3d 295 (2022)

Citation: CUMMINGS PROPERTIES, LLC v. DARRYL C. HINES., 201 N.E.3d 295 (2022)
Parent Document: CUMMINGS PROPERTIES, LLC v. DARRYL C. HINES., 201 N.E.3d 295 (2022)
Jurisdiction: Massachusetts (state)
Effective Date: 2022-12-05
Original Source: https://www.courtlistener.com/opinion/10271850/cummings-properties-llc-v-darr... ↗

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[Note 6] See Quintero-Chadid Corp. v. Gersten, 582 So. 2d 685, 688-689 (Fla. Dist. Ct. App. 1991) (upon exercising acceleration clause, landlord "cannot collect the full amount due and then relet to a third person" but "must give the tenant credit for the rents received" from reletting); Ultra Group of Cos., 357 Ga. App. at 760 ("We have rejected liquidated damages clauses where the lessor received all future revenue and full possession of the property with the ability to re-rent or sell, because the liquidated damages placed the lessor in a far better position than it would have been if the contract had never been breached" [quotation and citation omitted]); Aurora Business Park Assocs., L.P. v. Michael Albert, Inc., 548 N.W.2d 153, 157 (Iowa 1996) (en banc) (acceleration clause that entitled landlord "to damages equal to the amount of rent reserved in the lease, plus any other consequential damages," was enforceable because it also required crediting of any "amounts received in reletting the property"); Frank Nero Auto Lease, Inc. v. Townsend, 64 Ohio App. 2d 65, 68-69 (1979) (acceleration clause that "permit[ted] the lessor to regain possession of the leased motor vehicle, relet or resell the motor vehicle and collect rents for the entire period of the lease" was unenforceable because it "enable[d] the lessor to receive a double payment for the leased motor vehicle and [bore] no reasonable relationship to damages actually sustained"); Ferrick v. Bianchini, 69 A.3d 642, 656 (Pa. Super. Ct. 2013) (if "commercial tenant vacates the leasehold, the landlord may seek accelerated rent if the lease so provides, and re-let the premises" but "must credit tenant at execution for sums paid by the replacement tenant"). Cf. 172 Van Duzer Realty Corp. v. Globe Alumni Student Assistance Ass'n, 24 N.Y.3d 528, 536 (2014) (holding that, although landlord's damages were reduced by amount of rent received from new tenant, acceleration clause was still arguably a penalty where it allowed landlord to "enjoy uninterrupted possession of the property" while collecting all rent due from former tenant "in one lump sum, undiscounted to present-day value," and remanding for taking of further evidence).

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