Legal Question in Real Estate Law in California

I am a landlord (owner) of a residential rental property in Solano county, CA. The tenants have a one year lease thru 30 June 2010, and informed me on 15 March they are departing 16 April. They requested to be relieved of liability for the last 2 months of their lease. I denied their request but advised them I would grant relief if a new tenant is found prior to the end of their term. If I want to pursue collection, what would be the process? Would a pursue a judgment in a county court?


Asked on 4/07/10, 11:05 am

1 Answer from Attorneys

That is exactly what you would do. You are right to agree to grant relief if you can find a new tenant early, since that is the law. You must take commercially reasonable steps to secure a new tenant at or above the previous tenant's rent, as soon as possible. The key is "commerically reasonable." So if the market has tanked, you don't have to, and in fact cannot, hold out for the previous rent. And you have to do all the normal business like things to get a new tenant in. Once you do that, you are entitled to take the former tenant to court for the balance. If it is under $7,500, you can use small claims. $7,500 to $50,000 would be filed in the Superior Court - Limited Jurisdiction. I'm guessing 2.5 months is not going to be over $50,000.

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Answered on 4/12/10, 11:24 am


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