Is landlord’s effort to find new tenant reasonable?

Question: I signed a one-year lease three months before I was laid off. I informed the management that I could not afford the lease. I did some research and learned I was responsible for the remainder of the lease term, unless the unit was re-rented, so I have been watching the rental ads to see if my unit is still vacant. Recently I was surprised to see that my apartment is on the market for $300 more a month than I was paying. In today’s market the unit will never rent at that price. Am I still responsible for the rent due under the lease?

Answer: A landlord can continue to hold a tenant responsible for the rental due for the remainder of a lease term if the landlord has made a reasonable effort to mitigate the tenant’s damages. In this context, mitigation requires the landlord to make reasonable attempts to find a replacement tenant. If the landlord fails to conduct a diligent search, or unreasonably rejects a qualified replacement tenant who has applied for the unit, your financial liability ceases.

The question here is whether seeking a higher rent is consistent with a reasonable effort to find a replacement. The rates in many communities have fallen, and landlords have offered reduced rents or move-in “bonuses” to attract potential tenants.

Research the rates being advertised for vacancies in similar apartments in your local area. If you can document that prospective tenants would be priced out of your former unit by the higher rental rate, you would have a strong argument that the landlord has failed to mitigate.

Eichner is director of Housing Counseling Programs for Project Sentinel, a Sunnyvale, Calif.-based mediation service. To submit a question, go to https://www.housing.org.