Legal Question in Real Estate Law in California

I am on a lease with my landlord. According to my lease I have '80 day trial period'. I asked the landlord when signing the lease he said its for both parties just in case. The lease started on April 1st. I gave the landlord a notice on June 14th (75th day) that i am moving out Aug 1st so that we have one month or so to find a replacement. She said that's fine as long as you find the replacement. If i am not able to find a replacement, she said, she wouldn't return my deposit. On asking why she said, because I am still living in the apartment after 80 days (Today is July 10th).
I wanna know if that's true because i have sms'es proving that i gave notice on 14th June. Can i sue her for the deposit?
I must add that the reason for moving out is the unsafe atmosphere because a lot of things get stolen from the house (I have lost iphone, other room mates lost ipod, hair straightener,money ). I dont feel safe in the house plus people smoke weed all the time. There are two pitbull dogs of other roommates and common areas smell of dogs and its very unpleasant living.
I have only one bedroom in the 4 bedroom house. Other room mates have their own lease agreements and they were there already when i moved in. I hope it clarifies my stand.
The trial clause is written as is. "There will be a 80 day trial period". No specifications have been given, just one sentence.

Asked on 7/13/10, 2:27 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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You can excuse yourself from the rest of the lease by moving out within 80 days, and perhaps by giving notice within the 80 day trial period. However, you will have to pay rent for the days you are actually there, in possession of the space, whether it be one day, 75 days, 80 days or 100 days. There is no free lunch.

Answered on 7/13/10, 6:48 pm

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