Aigner v. Cowell Sales Co.

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.

Facts.

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.