Legal Question in Landlord & Tenant Law in California

Had lease with landlord, broke lease, understand we are responsible for balance of lease, no problem. Landlord listed unit for $100 more per month (despite declining rental rates citywide and a local glut of apartments and the fact that recently rented units in the building were only rented after initial asking rents were reduced). Predictably, this caused the unit to take longer to rent. But it eventually did, presumably at a higher rental rate than we had been paying.

#1 - Is landlord entitled to "test the market" risk free like this?

#2 - Am I entitled to know what the new rent is?

#3 - Assuming the new rental rate is above what I was paying and was in effect during the remaining balance of the lease, aren't I entitled to a credit for this amount, just as I would be charged a deficiency if the landlord had to rent for less than the rental amount I had been paying?

Thank you for your time and consideration.

Asked on 7/21/10, 3:46 pm

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#1 only if it is commercially reasonable. If not, it absolves you of responsibility for the balance of the lease.

#2 only if he expects you to pay for the time the unit was vacant. If so, either informally or in court he will have to tell you.

#3. Yes.

Answered on 7/21/10, 7:30 pm

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