Ithaca, NY asked in Landlord - Tenant for California

Q: If I decide to sell after my rental-home tenants break their lease, how does the duty to mitigate factor in?

Tenants are breaking their lease and moving out several months early. I've decided rather than find new tenants, I'm going to sell the house. I understand how the duty to mitigate would operate if I were re-renting to new tenants, but how does it operate here? Can I seek the rent that would have been owed under the lease until I close on the sale (or the lease expires, whichever comes first)? Or until I have a signed offer? Or for a "reasonable" time? I don't see this particular scenario addressed as I do a little research. Thank you....

Related Topics:
1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: I'm not admitted to practice in New York. Why did you post this for California attorneys?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.