Can I hold the tenant liable for remaining lease rent?

Yes, but subject to mitigation. Under Civil Code §1951.2, the landlord must make reasonable efforts to re-rent. Damages = unpaid rent for the period the unit sits vacant despite reasonable re-rental efforts, minus what a substitute tenant pays.

What does duty to mitigate mean in practice?

Promptly market the unit at market rent, show it to qualified applicants, accept reasonable applicants. Refusing all applicants while suing the prior tenant for remaining rent fails the mitigation duty.

How do I document mitigation?

Listing dates and platforms, showing logs, applications received, screening decisions documented, communications with prospective tenants. The file shows you made reasonable efforts.

Can I just keep the deposit?

Standard §1950.5 itemization. Lawful deductions include unpaid rent through the period the unit sat vacant after reasonable mitigation, plus damage, plus cleaning. Anything beyond that comes from a separate civil claim.

Are there exceptions for DV or military?

Yes. §1946.7 lets DV victims terminate early with 14 days' notice. Service members can terminate under federal SCRA when ordered to active duty or relocation. These statutory rights override lease-term obligations.

Tenant Moved Out Early in California — Lease Breach, Mitigation, and Recovery

TL;DR

§1951.2 allows recovery of remaining lease rent minus what reasonable mitigation produces. Promptly market and re-rent. Document the effort. Deposit covers part; excess pursued in civil suit. Exceptions: §1946.7 DV early termination, SCRA military.

The §1951.2 framework

When a tenant breaches by moving out early, the landlord can recover the unpaid rent that would have accrued under the remaining lease term, minus the amount the landlord receives (or with reasonable effort could have received) from re-renting. The duty to mitigate is real and enforced.

Mitigation documentation

Listing date and platforms used
Marketing photos and listing copy
Showing log (date, applicant name, outcome)
Applications received and screening decisions
Date of re-rental, new tenant terms

Statutory early-termination rights

§1946.7 (domestic violence victim, 14-day notice) and federal SCRA (military orders) allow early termination without the breach analysis. The lease doesn't override these statutory rights.

Common questions — tenant moved out early

Can I sue for remaining rent?

Yes under §1951.2, subject to mitigation.

What is mitigation?

Reasonable re-rental efforts: market, show, accept qualified applicants.

Document mitigation?

Listing dates, platforms, showings, applications, screening decisions.

Keep the deposit?

Standard §1950.5 itemization. Excess pursued separately.

Early-termination rights?

§1946.7 DV. SCRA military. Override lease terms.

Tenant moved out early. You can sue for the remainder — if you mitigate.