How much can landlord raise rent when trying to mitigate damages due to a tenant moving out?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How much can landlord raise rent when trying to mitigate damages due to a tenant moving out?

My husband and I bought a house before the end of our lease. We spoke to our leasing office and they said they would only hold us responsible until they find a new tenant. However, on their website I see that they are asking for $600 more then we would be paying during the same time period. Can they do that?

Asked on January 30, 2019 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The answer is, "it depends": it depends on whether the increased rent reflects fair market value or not. If you had been receiving what can be shown to be undermarket value rent, such as due to how long you'd lived there or because the home was unrenovated when you took it, it the home legitimately would command more now (e.g. because the market is higher than when you signed your lease; because the landlord did recently renovate it; etc.) they can seek that fair market value. They don't have to accept less than market to save you from having to pay for breaching the lease. But they can't raise the rent to discourage renters and hold you liable; they have to be marketing at a fair, reasonable price for the home.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption