Legal Question in Landlord & Tenant Law in California

We are looking to break our lease 1 month into a 1 year lease. We have found somebody who is very willing to take over our lease even possibly sign a new lease. I understand that the landlord can refuse the tenant. However since there is demand for the property at the same price we currently rent, have we done enough to mitigate damages on our lease?

Asked on 12/29/10, 6:40 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

As you realize, there are two parts to a contract action. The breach and the damages. If you can find renters fairly similar to you as to economic ability to pay the rent, same number of occupants, same general behavior, etc.then the damage to the landlord is minimal [doing a little clean up work, etc.]. and a court would not award him much if you can show the other renters would be happy to move in.

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Answered on 1/03/11, 9:44 pm
Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Shers is basically correct. In addition, in the case of leases, if the tenant breachs there is a statutory requirement that the landlord take all commercially reasonable steps to re-rent the property as quickly as possible or the landlord cannot collect for lost rents. So if you have a qualified tenant, the landlord cannot turn them down in order to collect rent from you.

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Answered on 1/26/11, 11:09 pm

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