Legal Question in Real Estate Law in California

Re: Breaking a lease

The landlord is obligated to refund any unearned rent. If he rented the property for the same amount as your rent, or more, he should refund rent for the two months. He is not entitled to rent from both of you. You may sue for the two months in small claims court. He should also refund any cleaning or security deposit which was not claimed for damages. You can sue for that as well, if appropriate.

Re: Breaking a lease

First, it is unclear whether your "five months rent in advance" is akin to a security deposit or was actually used to pay rent between March and September. In any event, your landlord is entitled to damages upon early termination of your lease, in the amount of the lease payments due for the period after termination through the ending date of the lease. You are entitled to a credit against those damages for the amount of your security deposit and unused prepaid rent. You are also entitled to a credit for all amounts received by the landlord from the new tenant, through December 2 (watch out for this one, since the landlord may attempt to hide this income by manipulating the terms of the lease with the new tenant!). If your landlord owes you money under this formula, and won't return it after written demand, you may certainly go to court to recover what is due you. To find out more, please visit our website @ www.labusinesslawyer.com