Landlord Can't Really Do This Can He?

[whotheheckknows]

What is the name of your state (only U.S. law)? Arizona

I lost my job and have to move in with family. my lease is not up for another 6months.

Of course I know I will lose all my deposits, including last moth's rent.

They have listed the house I was renting and have raised the price by $300 over what I was paying. Is this legal? Can they hold me responsible for a year lease on this house when it appears they are raising their asking price to keep from renting it, knowing that I am responsbile for the year anyway, why bother getting a new tenant. This does not seem legal to me.

I will probably have to declare bankruptcy anyway, but if I don't, I need to know how to fight this.

Please advise. Thanks so much!

 

[RRevak]

What is the name of your state (only U.S. law)? Arizona

I lost my job and have to move in with family. my lease is not up for another 6months.

Of course I know I will lose all my deposits, including last moth's rent.

They have listed the house I was renting and have raised the price by $300 over what I was paying. Is this legal? Can they hold me responsible for a year lease on this house when it appears they are raising their asking price to keep from renting it, knowing that I am responsbile for the year anyway, why bother getting a new tenant. This does not seem legal to me.

I will probably have to declare bankruptcy anyway, but if I don't, I need to know how to fight this.

Please advise. Thanks so much!

They can let you out of the lease but you will be responsible for the remaining 6 months rent. It will be at the rate you are currently paying per your lease agreement. And yes, them making you pay the rent you have remaining is legal.

 

[AlmostALawyer]

I agree with RRevak. I would only add that in most states, the landlord has a duty to mitigate the damages of you leaving the apartment/breaching the lease. In other words, the landlord has to advertise the apartment in order to try to fill your vacancy. I wonder how raising the rent by 300 bucks hurts the mitigation of damages. Anyone know what step should be taken next?

 

[RRevak]

I agree with RRevak. I would only add that in most states, the landlord has a duty to mitigate the damages of you leaving the apartment/breaching the lease. In other words, the landlord has to advertise the apartment in order to try to fill your vacancy. I wonder how raising the rent by 300 bucks hurts the mitigation of damages. Anyone know what step should be taken next?

This isnt an apartment its a house. And the landlord doesnt have to advertise the house if he/she chooses not to. Esp if they're still getting the rent paid for 6 months by OP.

 

[xylene]

This isnt an apartment its a house. And the landlord doesnt have to advertise the house if he/she chooses not to. Esp if they're still getting the rent paid for 6 months by OP.

You are wrong on both of your points.

It doesn't matter if it is a house.

And the landlord has to attempt to mitigate his damages.

 

[HomeGuru]

This isnt an apartment its a house. And the landlord doesnt have to advertise the house if he/she chooses not to. Esp if they're still getting the rent paid for 6 months by OP.

**A: where are you getting your information from?

 

[Who's Liable?]

This isnt an apartment its a house. And the landlord doesnt have to advertise the house if he/she chooses not to. Esp if they're still getting the rent paid for 6 months by OP.

Completely INCORRECT...

The LL MUST mitigate their damages. OP can argue in court that by raising the rent, they made it harder for future tenants to rent.

On top of that, OP should look into seeing if the homeowner is registered with the county assessor as being a rental as, ALL rentals MUST be registered. If they are not, OP needs to send a letter CRR to the homeowner stating they are in violation and MUST comply within 10 business days. If the LL fails to comply, the OP has the legal right to terminate the lease and recover all pre-paid rent as well as the security deposit minus damages. LL's failure to comply can result in a monetary penalty of $150 per violation day.

 

[atomizer]

If a tenant’s or landlord’s property is being damaged by the action or inaction of the other, the injured party is generally not allowed by law to let the damages continue to mount if there is something they could do to stop the damage from occuring or lessen the severity thereof. Courts will not allow a claimant to recover for damages which he was reasonably capable of preventing, no matter if the source of the damage was the action or inaction of another. This principle of mitigation of damages is especially applicable to landlord-tenant law and must be adhered to by landlords and tenants.

Arizona Residential Landlord and Tenant Law - Residential Landlord and Tenant - Landlord Tenant

However, your LL is not obligated to advertise by any specific method. A simple sign on the property may meet the states mandate to mitigate his damages.