Legal Question in Landlord & Tenant Law in California

Landlord breaks lease

Six months into a one year lease our LL notified us they needed to move back into the house we were in. We negotiated a refund of all deposits and one months rent. They countered in agreement as long as we vacated 2 days prior to the end of the month so they could move without having to pay any extra rent on the house they were renting. (this constituted 21 days noticed) we agreed as others told us we would never see our deposit without a fight if we stayed for the balance of the lease.

We vacated the house and had it professionally cleaned (which was not done prior to our move in)within their timeframe.

They inspected the house twice - once prior to our beginning packing and again as soon as our the things were out of the house (our movers were still loading)

We have received 2/3 of our deposit and they are not returning my calls. The move cost more then we requested in compensation.

What timeline is fair for receiving our compensation? Their excuse is hardship but within hours of our vacating the interior was repainted in new colors (not out of need) and new furniture is arriving. This doesn't appear to be $$$ related. What are our rights at this point?


Asked on 3/10/08, 4:15 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Landlord breaks lease

I answered this already, since it was posted twice

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Answered on 3/12/08, 1:19 pm
Lisa Howard Law Offices of Lisa M. Howard

Re: Landlord breaks lease

Is it a single family home? What city is the home located? When you negotiated a refund of your deposit & one month's rent, etc., did you put that agreement in writing or was it a verbal agreement with the owner? Why did the landlord keep 1/3 of your deposit? Is there anything else in writing? What does the lease say re: return of deposit?

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Answered on 3/10/08, 6:37 pm


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