Cal. Civ. Code § 9-213.1
Duty of landlord to mitigate damages. After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee
Operative Text
Duty of landlord to mitigate damages. After January 1, 1984, a landlord or his or her agent shall take reasonable measures to mitigate the damages recoverable against a defaulting lessee.
Under 735 Ill. Comp. Stat. 5 § 9-213.1, Illinois law requires landlords to take reasonable steps to reduce the financial losses they seek to recover when a tenant defaults on a lease. This provision, effective since January 1, 1984, means a landlord cannot simply let a vacant unit sit idle and then demand the full remaining rent from a departing tenant. The rule limits the damages a landlord may collect to those that reasonable mitigation efforts could not have prevented.
Plain English — not legal advice.
Under 735 Ill. Comp. Stat. 5 § 9-213.1, compliant operators generally make good-faith efforts to re-rent a vacated unit promptly after a tenant defaults, documenting those efforts along the way. Typical practices include listing the unit at a market-rate price, showing it to prospective tenants, and keeping records of advertising costs and inquiries received. Operators who can demonstrate these reasonable steps are better positioned to support any damages claim they pursue against a defaulting lessee.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 9-213.1 of 735 Ill. Comp. Stat. 5 gives tenants a meaningful protection: a landlord's failure to make reasonable efforts to re-rent a unit after a default can reduce the amount of damages the landlord is entitled to recover. Tenants who face a lawsuit for unpaid rent may be able to raise the landlord's failure to mitigate as a defense in court. Tenant-rights organizations and legal aid offices can help tenants understand how this provision may apply to their circumstances.
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 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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