Legal Question in Landlord & Tenant Law in California

Re: Lease agreement

As Mr. Moerbeek points out, there are missing facts here that make much of this impossible to answer.

Simply put, the lease is a contract that controls both party's activities.

Military service is not an excuse to break a lease. On the other hand, breaking a lease, does not automatically permit the landlord to keep your deposit.

If you need more help, please resubmit with more facts, or e-mail my office.

Good luck to both you and your husband!

Re: Lease agreement

It sounds like a shakedown. You didn't tell us what the $4,000. was for, so I can't specifically answer that part of the question.

I'd move out, get a signed receipt for the keys with the date on it, and tender a check for the extra days that you stayed over. They owe you a security deposit statement within 21 days of vacating the property, so include your forwarding address on the key receipt. If you leave the rental in good shape, with only normal wear and tear (i.e.document its condition with photos), then if you don't get your security deposit back consider suing them in small claims court. I'd see a lawyer first to make sure that nothing important in this case has been missed before spending the filing fee. Good luck, and thank you for your Husband's military service!