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  1. #1
    Join Date
    Jan 2014
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    Default Am I Liable for Rent for the Remaining Lease Period if the Landlord Raises the Rent

    My question involves landlord-tenant law in the State of: California

    I had to break a 1 year lease when I was 7 months into the lease. I gave the landlord 30 days notice before moving out. It has been 3 months since I moved out, and the landlord hasn't found another tenant yet. I had offered to help find another tenant for the same rent that I was paying. But they were not willing to rent the unit for the same amount. They raised the rent for the unit from $1950 that I was paying to $2350.
    I'd like to know if I am liable to pay rent for the remaining 5 months on the lease if the landlord doesn't find another tenant for the new rate, which is $400 above what I was paying. Thanks!

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Am I Liable for Rent for the Remaining Lease Period if the Landlord Raises the Re

    Quote Quoting AjoyS
    View Post
    My question involves landlord-tenant law in the State of: California

    I had to break a 1 year lease when I was 7 months into the lease. I gave the landlord 30 days notice before moving out. It has been 3 months since I moved out, and the landlord hasn't found another tenant yet. I had offered to help find another tenant for the same rent that I was paying. But they were not willing to rent the unit for the same amount. They raised the rent for the unit from $1950 that I was paying to $2350.
    I'd like to know if I am liable to pay rent for the remaining 5 months on the lease if the landlord doesn't find another tenant for the new rate, which is $400 above what I was paying. Thanks!
    If you can demonstrate that the amount of rent the landlord was attempting to charge was above fair market value it might be an argument that could be made in court if the landlord sues you. The landlord does have an obligation to mitigate damages. However, if the amount the landlord wants to charge is fair market value, then you are probably SOL.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Am I Liable for Rent for the Remaining Lease Period if the Landlord Raises the Re

    You cannot be liable for more than the rent you were contractually obligated to pay. The landlord can reasonably argue that raising the rent was reasonable under market conditions, and that he doesn't have to rent at a below-market rate or agree to a short-term lease when it's his practice to enter into one year leases, but if in fact he could not find a tenant for five months (and more so if he ultimately rented for less than he was asking during that time) as llworking says you can use that to argue that he did not make a reasonable effort to mitigate his damages.

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