We are currently trying to get out of our lease in WA.
Our landlord told us that she will try to re-rent it but till then we are fully liable.
I am fine with that but the landlord now tries to re-rent the unit for a lot more than we pay.
We rented it 4 months ago for $1300 and she now advertises it for $1650.
Is this still considered "similar" lease terms by law and do we really have to keep paying rent till she finds a tenant under those conditions?

Sorry to say, but they don't have an obligation to re-rent it for similar lease terms. I wish I could say more to make you feel better or encourage you, but that's the bottom line.

The obligation is on you to keep the terms of the contract. Any effort of theirs to try to rent it while you live there and before your contract is up is more than they are obligated to do.

The lease is a contract saying you agree to pay x amount for however many months, so yes, unless there is someone else in the apt you have to pay.

However, I would get involved personally in finding a new tenant, there may not be a law that forces yor landlord to rent YOUR apartment the next time someone comes through the door. If there are empty units (I mean aside from yours) they could lease one of those and make you keep paying.

Ask friends, friends of friends and anyone else if they or someone they know nned an apartment and refer them to the landlord so they have to give them your apt and not an empty one.

Hello stina:

I think it's an interesting legal question. I don't know how a judge would rule. The law says that the landlord must mitigate your damages, not just rent it again at his leisure.

In my view, attempting to rent it priced 27% higher than you were obligated to pay, ISN'T mitigating your damages. It's ripping you off.

I wouldn't pay him any more, and I'd sue him for the rent you DID pay. Send him a certified letter informing him of your newfound position.

excon

what if the higher price reflects true market value?

I think I'm going to lean towards excon's response on this one. The landlord's duty in most states is to mitigate his damages. In this case the landlord's damages are $1300 per month, not true market value.

I think we forgot to ask something, are they asking you to keep paying 1300 per month or do they want you to start paying the new rent 1650?

They have every right to ask you to keep paying 1300 until they can find a new tenant to take it, the fact that they will charge the new tenant more is not important. If they think they can get that much for the place they can increase the rent.

They have every right to ask you to keep paying 1300 until they can find a new tenant to take it. The fact that they will charge the new tenant more is not important. Hello Lowtax:

If the law used the word "can" like you did, then I would agree with you. However, the law in most states, says that a landlord MUST mitigate the tenant’s damages.

The word MUST places a legal obligation upon the landlord, whereas the word “can” indicates that he has choices. In fact, he has no choice in the matter.

Therefore, I think the fact that he’s asking more is very important. Indeed, seeking rent substantially higher than the other guys paid, doesn't look like he's attempting to fulfill his obligation – not at all.

That's my take on it, anyway.

excon

This is an excellent question. Landlords charge different amounts for rent during different times of the year. When renting is easy, say in March through July, the rent will be higher. Once school starts, the rent will be lowered. Once the winter comes and units are still empty, the tenant is given an incentive to move, which is lower rent.

They moved in 4 months ago. That would make it November/December. How many people move between Thanksgiving and Christmas? Not many. The landlord lowered the rent during that time to encourage someone to make the move. NOW we are coming into rental season... our rents go up, the "specials" become non existent.

If it is possible to sublet the apartment so that the rent would stay the same, that would be great. Also talk to the landlord about a buy out. Security Deposit, and an extra month's rent may get you out of the lease. With rental season coming, the landlord will probably re-rent at the higher going rate. Mitigating the damages: His responsibility is to treat this rental the same as he treats any of his other equal properties. As long as he is renting his other properties at the same rent he is asking for this specific unit, then he is mitigating the damages.

Start advertising your unit. Give an incentive for the tenant to pick yours over something the landlord is offering. Offer to pay 1/2 month's rent. Be as pro-active as possible.