Section 23E

Citation: Section 23E
Parent Document: BLT Burger DC, LLC v. Norvin 1301 CT, LLC, 86 A.3d 1139 (2014)
Jurisdiction: DC (municipal)
Effective Date: 2014-03-13
Original Source: https://www.courtlistener.com/opinion/2656505/blt-burger-dc-llc-v-norvin-1301-ct-llc/ ↗

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         See Wilson v. Ruhl, 356 A.2d 544, 546, 547 (Md. 1976) (under Maryland
real property statute, listing property for sale rather than rent does not satisfy
landlord‟s duty to mitigate damages upon landlord‟s re-entry after termination of
lease; duty to mitigate requires landlord “to exercise reasonable diligence to relet
the premises,” although listing “for sale or rent and later for rent” – and eventually
reletting – “did satisfy that duty”); First Wis. Trust Co. v. L. Wiemann Co., 286
N.W. 2d 360, 368 (Wis. 1980) (landlord‟s sale of property evidenced clear intent to
elect between (1) acceptance of surrender and termination of lease, and (2) taking
possession of premises for purpose of mitigating damages; by electing sale,
landlord accepted surrender and termination, and thus is deprived of right to
recover damages for future rent” after premises were sold); cf. Enak Realty Corp.
v. City of New York, 109 A.D.2d 814 (N.Y. App. Div. 1985) (foreclosure sale cut
off landlord‟s claim against tenant for rents due subsequent to the sale).
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