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.


Asked on 7/13/10, 10:17 am

2 Answers from Attorneys
Stan Lockhart Law Offices of Nations and Lockhart

Unless the '80 day trial period is very specific about how it works, any contradiction or ambiguity is held against the maker or preparer of the lease. So if your interpretation is reasonable, that is how the contract should be read.

If she refuses to return the deposit, you are headed to small claims court and you are bound by the commissioner's decision, landlord could appeal to Superior Court if the disagree.

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Answered on 7/13/10, 2:05 pm

I doubt the lease says the exact words "80-day trial period" and nothing else. Without the entire language of the lease on this issue, there is no way to tell if your interpretation would prevail or not. Mr. Lockhart is correct that ambiguity is resolved in favor of the party who did not draft the document, but without knowing exactly what the document says, there is no way to tell if there is really any ambiguity.

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Answered on 7/13/10, 4:23 pm


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