I have a one year lease in California for an apartment complex. I had to break my lease for personal reasons and agreed with the LL that I would be responsible for the rent for the rest of the lease or until the unit is re rented. I have been reading that the landlord is obligated to mitigate his damages and if he is not doing so then I wouldn't be responsible. Well, my question is this. In the time that I lived at the complex I guess the rents were raised so now my same apartment is 100 dollars more expensive. The apartment wasn't worth what we paid for it and now they are trying to get more money. The way I understand the mitigation of damages is that they have to attempt to re rent the apartment for the same that I was paying or else they are trying to make money instead of just minimize their loses. My apartment is 2 sq ft bigger than other apartments in the complex but they are trying to charge 150 dollars more for it. I just feel like they are going to have a more difficult time re renting this place trying to get so much more money for it and in the process I'm going to have to pay double rent. PLease let me know where the law stands on this issue. Thanks

I do not believe there is a clear answer, and utill you refuse to pay, and they sue you and you end up in court, it will be up to the judge.

And at that point and time, it will or could be actually what judge you get, as for as what they believe is good faith from the landlord.

Did you have a right to sublease ? I believe I would go and try to negotiate with them, tell them that since they are asking more and not making a good faith to rent, you feel your obligation to pay is over, and see where it goes. So while you may have a good chance of winning, you will not know for sure till the gavel falls.