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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 18798
Experience:  B.A.; M.B.A.; J.D.
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I have a question regarding California Civil Code 1951.2 and

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I have a question regarding California Civil Code 1951.2 and my obligation as a landlord under the mitigating damages law.

If my tenants would like to terminate the lease early, am I only obligated to try to find new tenants to finish their lease term? If we can't find a tenant for a short term lease (under 6 months) are we obligated to sign a longer lease (I prefer a lease rather than a month to month rental agreement)? We may want to move back into our home and don't want to be limited by a new lease.
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I have a question regarding California Civil Code 1951.2 and my obligation as a landlord under the mitigating damages law.

If my tenants would like to terminate the lease early, am I only obligated to try to find new tenants to finish their lease term?



Response 1: Yes. If you cannot find replacement tenants, your tenants would be held responsible for the remainder of their lease.


If we can't find a tenant for a short term lease (under 6 months) are we obligated to sign a longer lease (I prefer a lease rather than a month to month rental agreement)?



Response 2:
Yes, if that is the only lease the replacement tenants are willing to sign.

We may want to move back into our home and don't want to be limited by a new lease


Response 3: Unfortunately, once you sign a lease, you are obligated to the terms of the lease. This means that you cannot evict the tenants because you now want to move in. So, if you want flexibility, then month to month is way to go. However, you are taking a risk that the replacement tenant may leave right after the first or second month thereby leaving you once more to start looking for a replacement tenant.


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Customer: replied 4 years ago.

For further clarification, if I advertise my home as available for a 3 month lease (to cover the remainder of our current tenant's lease term) and don't find a qualified tenant my current tenants are responsible for the remainder of the lease term? However, what if during the process of trying to rent my home we can't find someone to agree to a 3 month lease, but someone asks for a 6 or 12 month lease. Are we obligated to accept this longer lease term (assuming they are a qualifed tenant) even though we were planning on no longer renting our home beyond our current tenant's lease term?

I am sorry for the delay in getting back to you. I was offline for most of the day. Thank you for your patience.

You Question: For further clarification, if I advertise my home as available for a 3 month lease (to cover the remainder of our current tenant's lease term) and don't find a qualified tenant my current tenants are responsible for the remainder of the lease term?

Response 1: Yes, that's correct.

However, what if during the process of trying to rent my home we can't find someone to agree to a 3 month lease, but someone asks for a 6 or 12 month lease. Are we obligated to accept this longer lease term (assuming they are a qualifed tenant) even though we were planning on no longer renting our home beyond our current tenant's lease term?


Response 2: No, you are not. If you cannot rent the premises for more than the remaining three months, then your Tenant would bear the consequences.

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