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.

Asked on 7/12/10, 1:52 pm

2 Answers from Attorneys

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Do you have a lease or are you a lodger in a rooming house? If you have roommates who rent a house together and are all on one lease with a landlord, it is not the landlord's problem that you have lousy roommates. If you are renting a room from the landlord, you do not have an actual lease. You are a lodger. You need to clarify your actual situation before any reliable answer can be given.

Answered on 7/12/10, 10:49 pm

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