Legal Question in Real Estate Law in California

A tenant breached her one year apartment lease in the middle of the lease term. We informed her, via written email, that if she left she would be responsible for the payment of the rents for the time it is vacant, and if that was not her understanding to reply saying as much. She did not reply. She forwarded us a new mailing address as well, which is another apartment. We have not rented the apartment yet, and the apartment rents for almost $3,000/mo when leased. Do I wait until we do lease it, which would give us quantifiable damages, and then sue her for that amount? Or should I immediately file suit against her for the balance, roughly $18,000?


Asked on 8/28/15, 8:28 pm

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

A landlord must take reasonable steps to minimize damages after breach by a tenant. So, don't just sit around waiting for the lease to expire. I suggest you file a small-claims case fairly soon, but don't stop trying to find a replacement tenant just because you might be able to collect the rent due under the breached lease. The judge will want to know that you've made efforts to find a replacement tenant.

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Answered on 8/28/15, 8:57 pm


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