Legal Question in Real Estate Law in California

Breaking a lease and landlord re-rental

I moved out of my Beverly Hills apartment due to noise from the neighbors. My lease does not expire until June. I understand that my landlord is obligated to use the same means of finding a new tenant as he usually uses. My question is this: My rental rate there is $1700 a month. The landlord is now trying to re-rent the apartment for $1800 a month. Is he allowed to do that? Or isn't he obligated to try to re-rent the apartment for the same amount of money that he charges me?


Asked on 12/20/03, 1:04 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breaking a lease and landlord re-rental

I do not know of a specific requirement; efforts to mitigate damages only have to be "reasonable" and there have been lengthy and expensive suits over what is reasonable and I'm not sure anyone can tell you in precise terms. If you are asked to bear a greater financial penalty that you think fair because the apartment is slow to re-rent, the $100 increase is something to argue to the small-claims judge as a factor in his failure to take reasonable measures in mitigation of damages.

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Answered on 12/21/03, 10:48 pm


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