Q: If my tenant who is renting breaks a lease, he is responsible for the rent until a new renter. Can I increase the rent?
When a tenant breaks a lease, they are responsible for the rent until the new renter moves in. The person who broke the lease's rent is below market value. Can I legally raise the rent to market value when I'm looking for the next tenant?
A:
You can offer the property to a new tenant for whatever rent you choose, after you evict the old, breaching tenant. But the old tenant is not liable to you for any more than the rental agreement stated as the rent. You don't get to charge him the increased rent value for the time it was empty. If it stays empty for longer because of the higher rent, the old renter may be able to avoid paying you for some or all of the time it was vacant because you are not "mitigating" your damages.
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