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 supra note 3. Technically, the relief attributable to “rent” lost after
termination of a lease is an award of “damages” (typically measured by reference
to the value of the rent lost); it is not lost “rent,” as such, because the obligation to
pay “rent” ceases upon “surrender” of the premises. See Ostrow v. Smulkin, 249
A.2d 520, 522 (D.C. 1969) (if landlord “retakes possession by legal process or by
accepting a voluntary surrender of possession,” tenant‟s obligation to pay future
“rent” ceases, although tenant may be liable for “damages” for breach of contract).
Thus, damages for lost “rent” extend only to the date of “termination of the lease,”
defined for this purpose as “surrender” of the premises, not earlier by reference to
“commencement of the action or the entry of judgment.” Id.
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           See supra note 8.
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