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The Leasing Hotline
SELLING EXPENSES
A tenant that abandons a lease may be responsible for the expenses incurred by the landlord in selling the subject premises in order to mitigate damages from the tenant's abandonment. Millikan v. American Spectrum Real Estate Services California, Inc., G031944, Court of Appeal of California, Fourth Appellate District, Division Three, April 20, 2004.
Commencing Dec. 22, 1998, tenant American Spectrum and landlord Millikan entered into a lease of an office building for a period of 5 years. After 3 years, the tenant abandoned the property. The premises were encumbered by a secured loan for which the landlord was responsible. The landlord eventually sold the property but incurred various penalties and other selling expenses. The landlord commenced an action against the tenant seeking reimbursement for the penalties and selling expenses and received a money judgment in its favor. The tenant appealed, arguing that an award of selling expenses was prohibited as a matter of law.
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