United States National Bank Of Oregon v. Homeland, Inc.

291 Or. 374, 631 P.2d 761 (1981)

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Nature of the Case

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Facts

Homeland, Inc. (D) leased office space for a five-year term, beginning April 1, 1971, and ending March 31, 1976. D defaulted on the lease and vacated the premises on July 31, 1973. The lessor (P) immediately began seeking to relet the premises, and finally entered into a second lease with another party beginning February 1974 and ending January 1977. The lease extended beyond the time when D' lease was to terminate and was for a higher rental payment. The second tenant also defaulted, and vacated on July 14, 1974. Again, P began seeking another tenant for the premises and entered into a third lease beginning August 1975. P then instituted suit against D to recover unpaid rent for the period beginning August 1, 1973, the day after D vacated, and ending July 31, 1975, the day before the third tenant took possession of the premises. D argued that P's claim should be limited to the period between D's default and the time that the second tenant took possession. The trial court found in D's favor. P appeals.