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... ↗

Full Text

867 chars

[Note 7] We note some tension in the landlord-tenant context between (a) a rule that requires no mitigation and (b) the principle that "[t]ermination of a lease ends a tenant's obligation to pay rent in the absence of any provision otherwise[ and, 'i]f there is such a provision, the landlord is required to take reasonable steps to obtain a new tenant on terms that will mitigate the original tenant's liability as much as is feasible under the circumstances.'" Krasne v. Tedeschi & Grasso, 436 Mass. 103, 109 (2002), quoting Restatement (Second) of Property (Landlord and Tenant) § 12.1 comment i (1977). See National Communications, 449 Mass. at 497 (declining to address tenant's argument about mitigation because not pleaded as affirmative defense). But we view Panagakos to be binding on this issue. Home/Search Table of Cases by Citation Table of Cases by Name

Other Sections in This Document (38)

Full Text