Landlord Didn't Prove Whether It Collected Rent from New Tenant

Landlord sued tenant for breach of her lease. The court ruled for landlord after tenant moved out, and awarded it $9,224 plus attorney's fees and interest. The court included an offset provision to reduce the amount awarded to landlord by any amounts it collected from re-renting the apartment during tenant’s lease term. Landlord objected but failed to submit any post-trial proof detailing all income or fees collected from new tenant upon re-rental of the apartment. So, the court ruled that landlord wasn’t entitled to the money judgment the court was going to award. Landlord appealed and lost. The lower court correctly found that the accelerated rent clause of tenant’s lease was an unenforceable penalty, and landlord was entitled only to actual damages proven. And since landlord failed to prove its actual damages, the court correctly awarded nothing.

Clearview Farms LLC v. Fannon: 2016 NY Slip Op 08704, 2016 WL 7421566 (App. Div. 4 Dept.; 12/23/16; Whalen, PJ, Smith, Peradotto, Nemoyer, Scudder, JJ)