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California Civil Code Section 1951.2

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1951.2

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.

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Last modified: March 17, 2014