Legal Question in Landlord & Tenant Law in California

Landlord should absolutely refund the portion of the rent that represents 10 days. It does not matter when he moves in, it is when you are dispossessed of the property. If you have a valid lease, and are not in default, then you have no legal obligation to move out early. If the landlord wants you out early, he needs your voluntary consent, and you therefore have leverage to request (within reason) that he do something in return. The "something" in my mind, at a minimum is a refund of those 10 days rent before you move. I would go further and ask him to refund your security deposit prior-to, or immediately upon move out. Remember, if you do not have to leave early legally, you have some leverage to ask for some flexibility on his part.

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