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Lease Surrender’s Liquidated Damages Provision Held Unenforceable

By Mike Berey on February 3, 2021

A lease between the Plaintiff, as landlord, and the Defendant, as tenant, was terminated. Under the Settlement Agreement the Defendant paid the Plaintiff $261,751.73. The Agreement also required the Defendant to make monthly “Surrender Payments” and further provided that if the Defendant defaulted under the Agreement “the aggregate amount of...

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Topics: liquidation landlord