Auburn, CA asked in Landlord - Tenant for California

Q: My daughter and her landlord had issues. Both agreed that this wasn’t the best situation, and she should move out.

This offer was emailed to my daughter an daughter and she accepted the offer and moved. Now landlord is demanding rent for the remainder of the lease or until unit is rented.

Landlord also never gave her a copy of the executed lease even though it had been requested.

Not sure if this is relevant, but when landlord sent out initial application, she actually sent an application that has been completely filled out by another potential resident.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a landlord has a duty to mitigate damages when a tenant breaks a lease early. This means that the landlord must make reasonable efforts to re-rent the unit as soon as possible after the tenant moves out. Once a new tenant is found, the original tenant is only responsible for paying rent for the period of time that the unit was vacant.

If your daughter and her landlord agreed that she should move out, and your daughter vacated the unit, then your daughter is only responsible for paying rent up until the time she moved out. However, if the landlord fails to make reasonable efforts to re-rent the unit, your daughter may still be responsible for rent until the unit is re-rented.

Regarding the lease, California law requires landlords to provide tenants with a copy of the executed lease within 15 days of signing. If the landlord failed to provide your daughter with a copy of the lease, your daughter may have grounds to challenge the validity of the lease or any demands for rent. However, it's important to note that your daughter's obligations under the lease may still apply, even if she never received a copy of the executed lease.

As for the fact that the landlord sent an application that had been completely filled out by another potential resident, this is a serious privacy violation and could potentially be a violation of California law. Your daughter may want to consider filing a complaint with the California Department of Fair Employment and Housing.

It's recommended that your daughter consult with a tenant rights attorney who can review the specific details of her situation and advise her on her legal rights and options.

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