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The court granted partial default judgment for a breached commercial lease but directed an assessment trial for unmitigated future lost rent due to insufficient evidence.
The plaintiffs, commercial landlords, sought default judgment against the defendant tenant for breach of a commercial lease due to unpaid rent.
The defendant was noted in default.
The court granted partial damages for rental arrears, past and future lost rent for a re-let portion of the premises, and costs for property removal and leasehold improvements.
However, the court declined to award future lost rent for the un-relet portion of the premises, finding insufficient evidence regarding actual rental value and reasonable mitigation efforts.
The balance of the claim for future damages was directed to a separate assessment trial.
