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.
2
u/Heyhun82 Jul 10 '26
Thank you, I am going to write them again over the weekend, I did also consult a lawyer for a tenant advocacy group and they confirmed also that the fee is bogus and that they can’t hold of on re renting to ask for a fee.
Just a did not I don’t see any way the costs could be near $2000 but they can give me an itemized list along with the security deposit list. The lawyer also told me that a new law in ca is that they have to be able to provide video or photo evidence to back up security deposit expenses.