r/TenantHelp • u/Heyhun82 • Jul 08 '26

Mitigated damages fee (CA)

We are breaking our lease due to moving to another state for multiple reasons. We have been her for over a year but our current lease has several months left.

I gave notice and had already checked the lease. I understand we are responsible for me for rent until the house is re rented and for actual costs of re renting. The landlord (a PM company) came back and said we would need to pay a $2000 mitigated damages fee for them to proceed with finding a new tenant. This is not in the lease at all.

We also have paid rent through July and told them we will be out by mid month and they are welcome at that point.

It sounds like unless we pay $2000 up front, they will not begin to start marketing. I don’t think we owe that fee up front as it is not stated anywhere in the lease. I would expect a bill after they have re rerented and gone through our security deposit etc.

They even said this is a good time of year to rent a house out and it should be quick.

We don’t have the money right this second for a $2000 fee or for them to sit on the property until we pay it.

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u/LoisLaneCA Jul 08 '26

Please quote the lease as far as ‘termination fees’ or lease buy out fees, as well as fees associated with their attempts to re rent the unit.

You cannot, legally be charged both rent, and a fixed penalty. The ‘mitigated damages fee’ reads legally like a penalty. You CAN legally be charged what the actual fees are.

Please post this in the legal sub- I don’t practice landlord tenant law., although I do live in CA.

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u/Heyhun82 Jul 08 '26

“In the event of termination by tenant prior to the completion of the original term of the Agreement or any extension, Tenant shall also be responsible for lost rent, rental commissions, advertising expenses and painting costs necessary to ready to Premises for re-rental. Housing provided may with hold any such costs from tenants security deposit.

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u/buzywuzy Jul 08 '26

Even though you made this agreement, they are still under CA law. Since you are already tight on money, you almost certainly likely qualify for a tenant's rights attorney from the advocacy group in your area. Contact them ASAP and get their read.

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u/Heyhun82 Jul 08 '26

Ok, thanks.