Legal Question in Real Estate Law in California

The first thing you can do is check the divorce-filing story by looking for it on the county court's Web site. Every California county court has apparently hired its own Web designer, and the completeness and ease of use of each site is highly variable, but without too much trouble you can probably verify that there is (or is not) a dissolution of marriage case on file. My further suggestion is to acquire and study one of the several paperback self-help law books on the subject of how to be a landlord, tenant's rights, and the like. Nolo Press is a publisher whose books I often recommend (and use), but there are others. Make sure you acquire one aimed at California.

I dont think looking for divorce filings will tell you much unless they have expressly said they have already filed. If they are trying to have an amicable divorce for the child's sake they may be trying to get everything in order before filing anything. I am also not really clear why you are concerned about a scam. Tenants are always entitled to break a lease if they are willing to face the financial liability that goes with it. When a tenant breaks or gives notice they will break a lease, the landlord is required to mitigate damages by taking all commercially reasonable steps necessary to re-rent the property. The breaching tenant is liable for rent until a new tenant starts paying rent. So it is entirely in the mutual interests of e landlord and tenant to get a new tenant lined up with as little a gap in occupancy as possible. The breaching tenant is also liable for costs of finding the new tenant. So it is in their interests to help keep that cost low. The deposit is security for damages, whether physical to the property or financial. So if you do not have any losses from the breach of the lease you will owe the deposit back in large part or in full. You don't get to keep it if you have no losses, and no more than your actual loss if you have losses. All of this is true regardless of whether th tenants are divorcing or just find a place they like better. So there is no reason for them to make up stories, unless theyre embarrassed by the real reason, like getting fired or something. The bottom line is that it is in your and the tenants mutual interests to find a replacement tenant as quickly as possible at the least cost. I certainly would not abdicate tenant selection to them or anything like that, but it is a win-win for all of you to cooperate and let them give you reasonable assistance in transitioning to a new tenant.