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I have terminated my lease, can the landlord increase the rent for new tenants?

I have terminated my lease but I still have to pay until the landlord finds a new tenant. I don't have a problem with that because my rent was low($1575) and I assume that finding a new tenant would be easy, but now that landlord have increase the price by $170 and the process is taking much longer. I really don't wanna pay for 3-4 months because the landlord decided to increase the rent.

The questions I have is are the landlord allowed to increase the rent by that much (I was only 3 months into the lease) and If I find a new tenant to takeover my lease, can the landlord still increase the rent?

I live in San Jose CA.

Update:

Also the rental office is very slow, they've now up the leasing on craigslist after I asked them if their have been any interest in the apartment.

Update 2:

My question is If i find someone else to sublet this lease until my contract is over, can he still increase the rent or does it stay at the previous rate?

8 Answers

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  • Anonymous
    7 years ago

    Yes he has every legal right to charge more rent for a new tenant. Yes you can look for a new tenant on your own but he has no legal obligation to accept them. If they do not qualify for example you are SOL. Yes he can charge more rent even if you find someone. Any new contract will have nothing to do with you or what you paid in rent. The only way any new tenant has anything to do with you what so ever is that it ends your legal obligation to the landlord. You really get no say in the matter in regards to how they go about finding a new tenant or how much they charge the new tenant. So long as they are legitimately trying to find a new tenant you have no case.

  • 7 years ago

    I would consult a lawyer, esp. if your lease has a provision which grants legal fees to the prevailing party from a cause of action from the contract

    Under the Landlord duty to mitigate ones damages, the Landlord Must act in good faith and fair dealing when attempting to find a new tenant in a reasonable time frame,

    If the landlord fails to act in good faith and fair dealing then they are prohibited from collecting future rent due under the lease terms even though you breached the lease

    The case law I have seen if the landlord materially changes any terms of the original contract which you are bound by, when looking for a new tenant, the landlord has violated his duty to act in good faith

    I would dig a little bit deeper into CA law and the landlord’s duty to mitigate , an 175 increase in rent could be argued is a material change in the lease terms

    Also if challenge in court, the LL would have the burden to produce admissible evidence that they have indeed acted in good faith and fair dealing to find a new replacement in timely manner, what the LL cannot do is simply sit on their hands or drag their feet in finding a new tenant

  • 7 years ago

    After you move out..............what the landlord charges the new tenants is none of your concern.

  • Anonymous
    7 years ago

    As you have terminated your lease, you have to find a replacement but the landlord is being greedy in increasing the rent by $170 for the new person.

    Tell the landlord that you can't find someone on such an expensive rent and that you will try your best to find someone at your existing rent as per the rental agreement.

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  • R P
    Lv 7
    7 years ago

    Yes he can raise the rent when looking for new tenants. However, you only owe the amount of rent that your lease states.

    If the LL re-rents the unit for less than your rent amount, you are also on the hook for the difference between what the new tenants pay and what your rent is for the balance of your lease term.

    Source(s): FL landlord
  • Anonymous
    7 years ago

    probably but you have till the end of your original contact then you call time he can go no further with this entrapment because that's what it is if he gets a new tenant he wins if he doesn't he wins

  • 7 years ago

    They can. A new contract. The rent is still low for the area, it should rent quickly.

  • 7 years ago

    Yep.

    You said yourself the rent was low. The landlord has to make "Reasonable effort" to find someone else. ...

    And yes, the landlord can charge any rent to anyone as long as they accept it (rent control towns excluded)

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