Legal Question in Real Estate Law in California

Re: security deposit

In California the law requires the landlord to account for any portion of the security deposit not returned. The landlord can use the security deposit to repair problems with the property which go beyond normal wear and tear and to cover any period of occupancy for which rent has not been paid.

The reason you are leaving after 8 months is immaterial. If your lease is a twelve month lease you are liable for all rent until the property is re-rented or until the end of the twelve month term, whichever is sooner. If the lease term is month to month than you need to give 30 days written notice of your impending departure and you will be responsible for the rental amount until the lease ends by virtue of your notice.

Please feel free to contact this office if you want a closer examination of your exact situation.

If you will lose funds due to the job transfer, perhaps your employer will cover the expense. Even if your employer does not cover the expense, you will be able to deduct the expenses associated with the job transfer on your income taxes as an unreimbursed business expense.

Best of luck with the new job position.

Re: security deposit

You're entitled to a refund only if you can work out something with the landlord. Even if you're transferred for work (unless the lease says otherwise), you owe him/her 12 months of rent. If the landlord rents your apartment out sooner (assuming you leave before the 12 months are up), the amount you owe him/her is reduced by the new renter's rent payments during that period.

You may want to check with your company--they often will pay moving/transfer expenses associated with the job transfer, or they may negotiate some kind of payment with you.