On April 25, 2019, Kevin Shepherd published "Avoiding Mitigation Litigation: Guidance for Maryland Commercial Landlords" in The Daily Record. The following is an excerpt:
A recent decision by the U.S. Court of Appeals for the 4th Circuit sheds light on the parameters of a Maryland commercial landlord's obligation to mitigate its damages in response to a tenant default. NCO Financial Sys., Inc. v. Montgomery Park, LLC, No. 17-2226 (4th Cir., Mar. 15, 2019). In NCO, the tenant leased more than 100,000 square feet of office space in a multi-tenant building in Baltimore City. The tenant vacated early, and the landlord brought an action in federal court to recover the rent due for the remaining lease term. The lease obligated the landlord to "use reasonable commercial efforts to mitigate damages" caused by the tenant's default.