If you are in a state that requires you to mitigate losses when a tenant moves out before the termination date of the lease, what costs have you charged back to the tenant?

I asked an attorney today and he agreed that paid advertising for new tenants would be appropriate. He was unsure how a judge might view time and mileage for showing the property to new prospective tenants.

we charge because we have it in our minimum charges and fees schedule they sign. Cost of readvertising, showing up to 5 visits at 45.00 per visit. If less than 1 year in the property 600.00 refresh fee and touch up of paint. Change lock charge.Along with re-clean of carpets.

Loss of use while cleaning/repairing is an item to include.

" He was unsure how a judge might view time and mileage for showing the property to new prospective tenants. "

CA allows such charges. The famous CA CCC 1950.5 specifically states that, when the final statement accounting for isposition of the security deposit is provided, that " If the landlord or landlord’s employee did the work, the itemized statement shall reasonably describe the work performed. The itemized statement shall include the time spent and the reasonable hourly rate charged. " The keyword here regarding both the time spent and the hourly rate is 'reasonable' ".

Moshe if you had, in your contract or minimum charges and fees papers, that tenant signed at move in: labor shall be billed at 45.00 per hour--- the judge would allow that under the same understanding as other items agreed to prior to signing.

Why do you assume that the Judge would automatically allow whatever the tenant signed for, especially if it violates the law?

The law in CA says "The itemized statement shall include the time spent and the reasonable hourly rate charged." A judgment would consider the reasonableness of the hourly rate, and the time spent would also be judged by the standard of reasonable.

I charge $40 for my time, but I have never had to defend that in court. If required, I would defend it based on my education (what does being a research professor of mathematics have to do with how much to charge for showing an apartment?). Besides, $40 per hour is pretty much a reasonable visiting charge for an amateur handyman around here. Is that true in GA too?

I am fond of MYOBs answer but I would not charge the rekeying fee.

You would have to rekey the place if they terminated early or not.

Actually, CA has changed their law to a much more modern characterization which does not REQUIRE mitigation of lost rent.

CA law says that landlord is entitled to recover "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". Thus, landlord is NOT REQUIRED to mitigate his loss, but it is in his own interest do do so.

and also, "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."

Moshe you mentioned anything illegal. We try to be way inside of what others charge. You charge 40.00 per hour we do 45.00. We do try to be reasonable because we do go after damages and it has to be acceptable to the court.

Ray we don't rekey. we change locks.