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View Full Version : Breaking lease: Proving failure to mitigate damages California


zippydoda
11-28-2007, 10:15 PM
I live in California. I'm planning on breaking a lease for good reason, but the reason may not be fully legally valid. Oh well.

Law states that landlord is obliged to attempt to mitigate damages by seeking another tenant, but what's to stop him from simply turning away all prospective tenants? I find this whole mitigation of damages concept as being pretty rediculous and nearly uninforcable. So he lists apartment for rent, but what's to say he has to take on someone else when I'm paying rent on a vacant apartment? I've seen documents online which describe California laws saying I'm entitled to place ads myself and take names and job info on prospective tenants which could document failure to mitigate. But can I do that after I've vacated?

Fortunately I live in an area with low vacancy rates so there is hope.

BSPCPA
11-28-2007, 11:32 PM
zippydoda: I live in California. I'm planning on breaking a lease... but the reason may not be fully legally valid. The law states that landlord is obliged to attempt to mitigate damages by seeking another tenant, but what's to stop him from simply turning away all prospective tenants? I find this whole mitigation of damages concept as being pretty rediculous...

Almost as "rediculous" as breaking a lease for "a reason that may not be fully legally valid" ;)

zippydoda
11-29-2007, 07:39 AM
Yea, but given the evidence on several fronts that I've gathered in the past few days, I'd say I have a good shot in small claims court when I seek an abatement of the rent. Court costs are limited to $500 as stated in my lease, and at that price I'm willing to take the risk. :)

Let's play hardball!

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