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I need to break my lease but my landlord refuses to look for new tenants
Anonymous2 views2 answers
I live in a highly desirable neighborhood of San Diego and need to break my lease on a townhouse. I gave my landlord 30 days notice and told her that I would help her in anyway possible to find new tenants - from advertising to showing the property, running the credit checks, etc. She said that she doesn't like renting in the winter, that this is inconvenient and that she would rather sue me for the rest of the rent owed (8 months remaining on the lease). Isn't it legally her responsibility to make "reasonable effort" to re-rent the unit and mitigate the damages?
The obligation of a landlord to mitigate is not always clear-cut. It depends upon what it says in your lease. If your lease does not address this issue, then yes, your landlord has a duty to mitigate damages by seeking a replacement tenant. Therefore, if your landlord sues you for the 8 months of rent remaining on the lease, she will have to prove that she made reasonable efforts to seek a new tenant. You should document the fact that she is refusing to show the property and refusing your help to find new tenants.
However, many leases have a section so that the landlord can avoid the duty to mitigate damages. Civil Code section 1951.4 (b) permits the landlord to treat the lease as continuing so long as the landlord does not terminate the tenant's right to possession if the lease permits the tenant to sublet, assign, or both. You may need an attorney to review your lease before jumping to any conclusions.
Michelle A. PerfiliBusiness AttorneyLakeside, CA ·
Your rights and the landlord's duties are governed by both California law and the terms written in the lease. You may wish to review the "default" provisions as well as those dealing with Assignment and Subletting. Depending on these two factors the landlord may be able to let the lease "run" and charge you for the loss. In such case though you should be allowed to assign or sublease to a new tenant. If the lease provides otherwise, then the landlord does have a duty to "reasonably" mitigate by finding a new tenant and not wanting to "rent in the winter" seems to not be a reasonable excuse. Bottom line, if the landlord does not respond to you on these bases, you most likely will end up in a dispute over your security deposit as well as liability for the unexpired term of the lease. You may wish to consult a qualified attorney, many of whom do offer a free initial consultation. Good luck to you.
