If tenant breaks lease

[Los-Angeles]

What is the name of your state (only U.S. law)? California
I understand that if my tenant who is leasing my residential home breaks the lease early, I must mitigate their loses by trying to re-rent the house. Must I rent it for the same price as my tenant would otherwise be paying or can I raise rent up to market value?
And how do I approach showing the home while my tenants are still living there? I assume that they just have to agree and be given 24 hours notice? Obviously it's in their best financial interest to let prospective tenants walk through and see the home while they're still living there. Must I be there to show the home or can prospective tenants make arrangements with my tenants?

 

[adjusterjack]

What is the name of your state (only U.S. law)? California
I understand that if my tenant who is leasing my residential home breaks the lease early, I must mitigate their loses by trying to re-rent the house. Must I rent it for the same price as my tenant would otherwise be paying or can I raise rent up to market value?

Sure. You can re-rent for any amount and/or terms that you choose, but if you don't re-rent under the same terms and conditions as the former tenant you have not mitigated and you lose your right to claim any further rent from the date of the breach.

And how do I approach showing the home while my tenants are still living there? I assume that they just have to agree and be given 24 hours notice? Obviously it's in their best financial interest to let prospective tenants walk through and see the home while they're still living there. Must I be there to show the home or can prospective tenants make arrangements with my tenants?

That's obviously up to your tenants, so ask them.

 

[Los-Angeles]

Sure. You can re-rent for any amount and/or terms that you choose, but if you don't re-rent under the same terms and conditions as the former tenant you have not mitigated and you lose your right to claim any further rent from the date of the breach.

Well I want them to be on the hook so I will try to re-rent for the exact same rate if and when they move out early, which they are talking about doing.

 

[Los-Angeles]

Is there a reasonable period of "cleaning time" that a landlord is legally afforded to get a home ready to rent following when the old tenants move out? 1 day? 3 days? 5 days?

 

[adjusterjack]

Well I want them to be on the hook so I will try to re-rent for the exact same rate if and when they move out early, which they are talking about doing.

Talking about doing is not doing so you have nothing for them to be on the hook for until they actually leave.

Is there a reasonable period of "cleaning time" that a landlord is legally afforded to get a home ready to rent following when the old tenants move out? 1 day? 3 days? 5 days?

Depends on just how bad the house is left but I've hired cleaning companies that put a couple of cleaners in the house and had it done in a couple of hours for $100. If you are going to claim more than a day because you are cleaning it yourself in dribs and drabs when you have free time, that's not going to fly.

Does this have anything to do with your earlier post about renting for a year and then moving back in?

https://forum.freeadvice.com/landlord-tenant-issues-42/if-tenant-break-lease-628035.html

It's hard to know what to tell you without facts so answer the following questions 1 by 1:

1 - Is the house tenant occupied now?

2 - Is there a written lease?

3 - If there is a written lease give me the exact starting date and the exact ending date.

4 - How much is the rent?

5 - Did you get a security deposit when the tenant moved in?

6 - If yes, how much?

7 - Is the rent paid for the current month? Or is it late?

7 - What, exactly has the tenant said to make you believe that he is moving out before the lease expires?