My current lease on the townhome I am renting ends in June 2007. However, I have bought a house and intend to move out early in the end of September 30. I understand that I am financially obligated till the end of the lease term and my lease does not allow for sub-let or assignment, so a replacment tenant that I may find will have to be leasing directly with the landlord. The rental market is good now and I may be able to find someone at the current rent but my landlord seems to be greedy and wants to increase rent to an unreasonable level which will probably make it difficult to find a tenant.

Q : Since NJ requires landlords to attempt to mitigate damages isn't he obligated to attempt to re-rent at the same rental rate for at least the remainder of the lease since that is what he would have gotten had I not broken the lease? Can he really screw up the case by asking for more than the rate that I am currently paying?

My current lease on the townhome I am renting ends in June 2007. However, I have bought a house and intend to move out early in the end of September 30. I understand that I am financially obligated till the end of the lease term and my lease does not allow for sub-let or assignment, so a replacment tenant that I may find will have to be leasing directly with the landlord. The rental market is good now and I may be able to find someone at the current rent but my landlord seems to be greedy and wants to increase rent to an unreasonable level which will probably make it difficult to find a tenant.

Q : Since NJ requires landlords to attempt to mitigate damages isn't he obligated to attempt to re-rent at the same rental rate for at least the remainder of the lease since that is what he would have gotten had I not broken the lease? Can he really screw up the case by asking for more than the rate that I am currently paying?
The amount you pay, was determined for your lease only. If he raises the rent, he has every right. He has a right to say you must pay your rent wether you live there or not until the lease ends. I am not sure that even finding someone else to rent the unit, would make your obligation to pay through the end of your lease dissapear. Someone with alot more knowledge will be around to answer that.

Isn't there a requirement in NJ that landlords need to attempt to mitigate or lessen damages? How can asking for more money than he would have gotten from the original tenant be any attempt at mitigating damages? On the contrary, I find that it is discouraging potentail renters.

Isn't there a requirement in NJ that landlords need to attempt to mitigate or lessen damages? How can asking for more money than he would have gotten from the original tenant be any attempt at mitigating damages? On the contrary, I find that it is discouraging potentail renters.
I am not knowledgable enough to give you more than my opinion in this matter, but if the market is good and everyone else is raising the rent where you live, it would make sense that the owner would want to do it also. I am NOT saying that this o.k, I am just trying to say what he may say in order to do so. In all honesty, it would just be nice if he worked with you to replace your tenancy, but I don't honestly know what he is legally forced to do in this situation, I just know that in the state I am in, they can ask you to pay the rest of the lease amount, because it was you who chose to leave before the lease was over. Believe me poster, I am not siding with the landlord, I would hope that it goes well for you, but I don't know how willing or unwilling he is to make the transition easy on you.