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A landlord in San Jose, California rents an apartment to a tenant on a one-year lease. Six months into the lease, the tenant loses their job and wants to break the lease early. Under California Civil Code §1951.2, what obligation does the landlord have after the tenant vacates?

Correct Answer

A) The landlord must make reasonable efforts to relet the unit and mitigate damages

Under California Civil Code §1951.2, when a tenant abandons or breaches a lease, the landlord has a duty to mitigate damages by making reasonable efforts to relet the property. The landlord cannot simply leave the unit vacant and hold the tenant liable for the remaining rent. Any damages recovered are reduced by the amount the landlord could have reasonably obtained through reletting.

Answer Options
A
The landlord must make reasonable efforts to relet the unit and mitigate damages
B
The landlord must accept the lease termination and release the tenant from all obligations
C
The landlord may sue the tenant for the full remaining rent without any obligation to relist the unit
D
The landlord may charge a flat early termination fee equal to three months' rent

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Related Topics & Key Terms

Key Terms:

lease_breachmitigationCivil_Code_1951duty_to_relet

Related Concepts

Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.

An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.

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