Is it legal for the leasing company to remodel a place for 2 months after you move out and still charge you rent?
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Is it legal for the leasing company to remodel a place for 2 months after you move out and still charge you rent?
I moved out of my apartment before my lease was up. I had many outstanding people ready to submit apps to move in and sign a new lease. The renting company, instead, sat on the place for 2 months remodeling the floors and kitchen and charged me for those months. Is this legal? The remodel was not necessary and the place was in better condition than when I moved in.
Asked on December 20, 2011 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When a tenant moves out without giving the required notice, the tenant remains liable for the rent until the place is re-rented or if it is not re-rented for the balance of the term of the lease. The landlord is required to mitigate (minimize) damages by making reasonable efforts to find another tenant. The landlord cannot allow the apartment to remain vacant for the balance of the term of the lease. If that occurs, the landlord has failed to mitigate (minimize) damages and the landlord's damages (the amount of compensation the landlord is seeking in a lawsuit against the tenant) will be reduced accordingly.
In your situation, the landlord failed to mitigate damages during the two months of remodeling since the place could not have been rented during that time. Therefore, you should not be liable for the two months of rent you were charged during that period when the place could not have been rented. Prior to that remodeling period and after the remodeling was completed, you would be liable for rent until the place is re-rented. Again, the landlord has to mitigate damages by making reasonable efforts to find another tenant. Reasonable efforts to find another tenant would be determined by what other landlords in the area are doing to attract tenants; for example, posting a vacancy sign on the property, running an ad in the newspaper or local rental guide, etc. If the landlord fails to mitigate damages, the landlord's damages will be reduced accordingly. Your obligation to pay rent ends when the place is re-rented; however, if the new tenant is paying less in rent than you were paying, you would remain liable for the difference in rent for the balance of the term of your lease. The landlord has to mitigate damages by having a valid reason for charging the new tenant less such as market conditions or the landlord's damages will be reduced accordingly.
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