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?


Asked on 7/12/10, 10:31 am

1 Answer from Attorneys

You have a very vague lease, and I think you and the landlord each have a reasonable argument for your interpretation, but I think the legally stronger argument is on the landlord's side, absent language about notices that you have not provided. Generally 30-days notice is considered appropriate. You only gave five days notice of your intent to exercise the 80-day option. I think the landlord has the stronger case that you gave inadequate notice. That would mean you are liable for the entire lease term unless another tenant moves in sooner. She is wrong, however, that you have to find the replacement. When a tenant breaches a lease, as you are doing, the landlord is the one who must take all commercially reasonable steps to re-let the property as soon as possible. Only if the landlord does so, can she hold your deposit or take you to court for the rent that goes unpaid when you move out.

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Answered on 7/12/10, 1:42 pm


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