Breaking Residential Lease (rental, how much, tenant)

[MattySkier]

Have a situation I could use advice on; terminating residential lease in NJ. Gave landlord 60 days notice, but they are trying to rent for an increase of $55 more a month. After searching online, the proper terminology is that they are not attempting to mitigate damages. Are they not required to attempt to lease at price I am paying? My lease was renewed in December (initial move-n Dec.2009), and rent then went up $40, which I am paying, and now they are trying to raise again to new tenant.
Job relocation forcing move.

[JCK7778]

The landlord can rent it to a new tenant for whatever he thinks is fair market value. The rent you are paying is a contract between 2 parties (yourself and the landlord) and twhen that lease expires and or you vacate the property, he can then turn around and try to rent it for what he feels someone new will pay.

In the shceme of things $55 more a month is not very much and I would highly doubt that any court would find that he was doing this simply to avoid getting a new tenant. Landlords do not want their properties stiing vacant, that is why they are renting them out.

[NJGOAT]

I posted this in the other thread you posted in, but basically no, they aren't doing anything wrong:

It all depends on the terms spelled out in the lease, but generally no, they can re-rent for whatever price they feel is justified. In some areas rent control dictates how much the landlord can increase rent on a renewal to an existing tenant, but they can charge whatever they want up front. My in-laws have a rental in an area like that and their current tenant is paying well below market value do to the amount of time she has been there. If she were to leave and a new tenant brought in, the rent would be almost $300 higher than what the current tenant is paying.

You are responsible for paying the lease until the term is up, providing their is no early termination provision. You are freed from your lease when they find a new tenant and they are well within their rights to ask for whatever they feel the market rate is.