Legal Question in Real Estate Law in California

First, the dollar limits on small claims court claims in California is at least $7,500.00 and because all of your damages arose out of the same transaction they should be brought in one lawsuit.

Next, if you signed a one year lease you were obligated to stay in the premises for the entire year; any early termination of the lease probably triggered the landlord's right to relet the premises and sue you for the entire amount of rent due for the entire year, subject only to the landlord's duty to mitigate its damages. If you have the landlord's consent to allowing you to move out and to return the unearned rent IN WRITING, you are likely to be successful in getting a judgment for some amount. If not in writing, you may find it difficult to obtain a judgment for the unearned rent. As far as the security deposit, the landlord must return any amount not used to cover damages to the premises (if any) and must provide you with receipts for any money deducted within 21 days of your moving.

It's not clear how much the security deposit is, so I'm not sure the aggregate exceeds small claims jurisdiction. The limit in small claims has been increased from $5,000 to $7,500.

With that said, you are not allowed to split your claim and sue twice for two different amounts. If you waive the excess to get into small claims jurisdiction, you waive the excess. I also don't see the need in your case to pursue a small claims action if the amount exceeds $7,500. There is no reason at all why this could not be filed as a limited civil action, with an attorney's assistance.

I recommend Nolo Press' paperback book, "Everybody's Guide to Small Claims Court in California" by Ralph Warner, Esq., which will explain the rules, procedures, policies and pitfalls. I predict the landlord will pay before the small-claims hearing if you file suit.