Q: I have a question about how much I owe rent if a new tenant moves in? See more info section for specifics, thank you
If my lease ends 2/4/25, its written in my signed 1 year lease agreement I am to give 60-day notice of leaving, I don’t give the notice until today to move out 2/17/25, and then I move out 12/21/24 and a new tenant moves in on 1/1/25, do I legally owe until 1/1/25, 2/4/25 or 2/17/25?
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- California
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- Answered
A:
Under California law, you are responsible for rent through 2/17/25 unless your landlord agrees otherwise or successfully re-rents the unit. This is because you failed to give proper 60-day notice as required by your lease, which extends your responsibility beyond the original lease end date.
However, California law requires landlords to make reasonable efforts to re-rent the unit and mitigate their losses. Since your landlord found new tenants starting 1/1/25, you would only be responsible for rent through 12/31/24. The landlord cannot collect double rent from both you and the new tenant for the same period.
The key here is that while you technically owe through 2/17/25 due to improper notice, your landlord's successful re-rental of the unit on 1/1/25 cuts off your obligation at that point. You should document everything in writing and request written confirmation from your landlord about the new tenant's move-in date to protect yourself. If there's any dispute, you can reference California Civil Code Section 1951.2, which addresses the landlord's duty to mitigate damages.
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