Aigner v. Cowell Sales Co.

Citation. 660 P.2d 907 (Colo. 1983)

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Citation660 P.2d 907 (Colo. 1983)

Brief Fact Summary.

Cowell Sales Co. sued for unpaid rent after terminating Aigner’s lease.

Synopsis of Rule of Law.

A landlord does not get damages for the portion of the lease term after termination if the landlord terminates the lease.

Points of Law - Legal Principles in this Case for Law Students.

The general rule in Colorado is that a notice to pay or quit constitutes an election by the landlord to terminate the lease unless the notice is rendered ineffective by the tenant's payment of rent.

View Full Point of Law

Aigner leased space from Cowell Sales Co. to run a laundry. Within the first year, when Agner fell behind on rent, Cowell sent a letter demanding that Aigner pay the rent within three days or vacate the premises. Aigner took his property and left, and Cowell subsequently sued for three months of unpaid rent. The trial court granted judgment to Cowell and Aigner appealed.

Issue.

Whether a landlord gets damages for the portion of the lease term after termination if the landlord terminates the lease?

Held.

The judgment of the trial court is affirmed in part and reversed in part. Cowell was not entitled to rent from Aigner after terminating the lease agreement.

Discussion.

A landlord does not get damages for the portion of the lease term after termination if the landlord terminates the lease. Terminating a contract ends the contract, thus terminating the tenant’s right to occupy the space and terminating landlord’s right to receive rent.