Legal Question in Real Estate Law in California

Re: Return of Deposit

When you say your mother didn't make it in to sign the new lease, are you implying that others in your family did make it in to sign the new lease, e.g., your father or yourself? If so, the lease is between the landlord and whomever signed, even if that is fewer than all the tenants on the old lease. If, however, no one signed the new lease, you're month-to-month.

If there is indeed a lease because at least one occupant signed, that person or those persons who signed are liable, and if rent isn't paid, all occupants will be subject to eviction and an unlawful detainer action. If all occupants leave, whether voluntarily or due to eviction, there is potential liability for the rest of the rent due under the lease, up until its new expiration date; however, the landlord must attempt to mitigate (lessen) his/her/its damage by trying to re-rent the premises. When it is re-rented, the former lessee's obligation to pay rent ceases, and the former lessee is thereafter liable only for rent up to the date of the re-rental, plus cleaning costs, advertising expense, etc. related to the re-renting.

There is an implied duty by the landlord to keep the premises vermin-free, which means controlling mice, and this may be an issue you could raise as a defense.

I would recommend a businesslike, non-emotional face-to-face engotiation with the management to see what can be worked out. Your case is not very strong, but the landlord may prefer to try to work something out with you rather than getting involved in a contentious eviction case.