Cal. Civ. Code § 1951.2

California Civil Code

In Force
Verified 6/11/2026 · Next check 7/11/2026
CaliforniaEviction & Just Cause

Operative Text

Cal. Civ. Code § 1951.2
(a) Except as otherwise provided in Section 1951.4, if a lessee of real property breaches the lease and abandons the property before the end of the term or if his right to possession is terminated by the lessor because of a breach of the lease, the lease terminates. Upon such termination, the lessor may recover from the lessee:
(1) The worth at the time of award of the unpaid rent which had been earned at the time of termination;
(2) The worth at the time of award of the amount
by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the lessee proves could have been reasonably avoided;
(3) Subject to subdivision (c), the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the lessee proves could be reasonably avoided; and
(4) Any other amount necessary to compensate the lessor for all the detriment proximately caused by the lessee’s failure to perform his obligations under the lease or which in the ordinary course of things would be likely to result therefrom.
(b) The “worth at the time of award” of the amounts referred to in paragraphs (1) and (2) of subdivision (a) is computed by allowing interest
at such lawful rate as may be specified in the lease or, if no such rate is specified in the lease, at the legal rate. The worth at the time of award of the amount referred to in paragraph (3) of subdivision (a) is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percent.
(c) The lessor may recover damages under paragraph (3) of subdivision (a) only if:
(1) The lease provides that the damages he may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award, or for any shorter period of time specified in the lease, exceeds the amount of such rental loss for the same period that the lessee proves could be reasonably avoided; or
(2) The lessor relet the property
prior to the time of award and proves that in reletting the property he acted reasonably and in a good-faith effort to mitigate the damages, but the recovery of damages under this paragraph is subject to any limitations specified in the lease.
(d) Efforts by the lessor to mitigate the damages caused by the lessee’s breach of the lease do not waive the lessor’s right to recover damages under this section.
(e) Nothing in this section affects the right of the lessor under a lease of real property to indemnification for liability arising prior to the termination of the lease for personal injuries or property damage where the lease provides for such indemnification.
Source: Legislative text reproduced verbatim
Plain English

Under Cal. Civ. Code § 1951.2, when a tenant breaches a lease and abandons the property—or loses the right to possession due to a breach—the lease ends and the landlord may seek several categories of damages: rent already owed at termination, rent that would have accrued between termination and the court's award, and (under certain conditions) rent owed for the remainder of the lease term after the award. All of these amounts are calculated at the time of the court's award, with specific interest and discount-rate formulas applied depending on the category. A tenant can reduce the damages owed by demonstrating that some portion of the rental loss could have been reasonably avoided, and a landlord's efforts to re-rent the property do not forfeit the right to pursue these damages.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 3, 2026

Plain English — not legal advice.

For Property Managers

Cal. Civ. Code § 1951.2 outlines the damages framework that applies when a tenant breaches and vacates, so compliant operators typically document unpaid rent carefully from the date of termination through any court award. Landlords who wish to recover future rent for the balance of the lease term generally either include an explicit damages clause in the lease or re-let the property in a reasonable, good-faith manner before the time of award. Keeping records of re-letting efforts and any rental income received helps demonstrate mitigation and supports the full range of recoverable amounts under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Cal. Civ. Code § 1951.2 gives tenants a meaningful role in limiting damages: a tenant who can show that some or all of the rental loss could have been reasonably avoided may reduce the amount a landlord is entitled to recover. If a landlord pursues a damages claim under this section, tenants can raise the landlord's failure to mitigate as a defense in court proceedings. Tenant-rights organizations and legal aid offices can help explain how this provision applies in a given rental context.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Cal. Civ. Code § 827
Cal. Civ. Code § 1947.13
Cal. Civ. Code § 1954.50

Related Rules

§ 127G
Removal from district to superior or housing court; transmittal of rents and removal fees
§ 17
Occupancy constituting tenancy at will; termination
§ 17A
Residential care and services; housing facility providers; eviction; hearing; jurisdiction

Source Information

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