If tenant break lease

[Los-Angeles]

What is the name of your state (only U.S. law)? California

I'm renting my residential home one time for a year, then I'm planning to move back in. If my tenant breaks the lease a month or two early or even a few weeks early, do I still have to try to find a new tenant for such a short amount of time? I know that legally I'm supposed to find a new tenant to mitigate the old tenant's liability. But that would be tough to find someone wanting to lease an unfurnished home for a few weeks or for a month or two.

And if I'm required to try to re-rent the house, am I legally afforded a certain period of time to clean the house to get it ready to re-rent?

 

[LdiJ]

What is the name of your state (only U.S. law)? California

I'm renting my residential home one time for a year, then I'm planning to move back in. If my tenant breaks the lease a month or two early or even a few weeks early, do I still have to try to find a new tenant for such a short amount of time? I know that legally I'm supposed to find a new tenant to mitigate the old tenant's liability. But that would be tough to find someone wanting to lease an unfurnished home for a few weeks or for a month or two.

And if I'm required to try to re-rent the house, am I legally afforded a certain period of time to clean the house to get it ready to re-rent?

You have an odd situation because you only intend the property to be a rental for one year. First, you should be upfront with any potential tenants that the property will only be available to rent for one year, and your lease should probably incorporate some sort of "deal" if the tenant has to leave early, as you obviously will not be able to mitigate damages in a normal manner.

Personally? If I had a tenant who was leaving a few weeks or a month early, in a situation like yours, I probably would not penalize them for it. I would probably be greatful for the extra time to get it ready for me to move back in.

 

[justalayman]

If you wish to attempt to charge them the rent for time after they left, yes, you would be required to attempt to rent the home. You don't get to simply sit and wait out the time and expect the former tenant to be liable for it. You are required to attempt to mitigate your damages.

If you moved in before the lease expired rent owed would also stop at that time.

The ruse of using up time cleaning the house will not be seen as preventing you from advertising the property for rent.

 

[Los-Angeles]

If you wish to attempt to charge them the rent for time after they left, yes, you would be required to attempt to rent the home.

Even if it's for just a month or a few weeks? Just advertise it as for lease for that short period of time?

 

[adjusterjack]

Under CA law there are circumstances where you might not be required to mitigate.

Read the CA landlord tenant statute sections 1951.2 and 1951.4.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1

CA statutes make my head ache so I'm not going to try to explain those sections. You'll have to figure them out for yourself and incorporate appropriate language in your lease that would eliminate your need to mitigate.

I suggest getting the help of a real estate attorney in the construction of the lease since you are only offering the house for one year.