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For instance we were going to move in yesterday but after speaking with the movers, they wont be able to deliver our things until Tuesday which should have made our pro-rated total 126.66 he decided to round up to 130.00...there's more examples like these. I am just very uncomfortable and am positive we will never see our deposits back no matter what we do.
The short simple answer to your question is that you cannot terminate or break a lease agreement based on the way you feel that the landlord might treat you in the future. The rounding up of a couple of dollars in pro-rated rent would not be considered an adequate basis for such a belief. All you have to do is write your check for the correct per diem amount and give it to him. If you back out and they sue you, you are almost certain to lose if that is the only tangible defense that you can present. Besides, you are apparently former Marines, so nobody's going to push you around.
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If you would explain what part of my Answer displeases you and request additional information about the law, I will be happy to discuss your situation further.
Then can you answer this: The duplex has only one mailbox and one electric meter, by California State law do these details make this transaction illegal? If so how would/should we go about breaking the lease?
This is the CA landlord-tenant law code Sec. 1940. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1 As you can see it is extensive. Neither the absence of a separate mailbox or separate electric meter makes your lease "illegal". A lease is not automatically void because some legal requirements have not been met. No one can force you to move into the apartment and you can back out of the lease. But what I am saying is that can have legal consequences, which are unpredictable from this distance. So if you seek an absolute assurance that the lease is no good and you can walk away from it with impunity, neither I nor any of my colleagues can provide that to you.
I hope that this information is helpful. Please click on a smiley face so that I will becompensated for assisting you. If you have a follow up question please send meback a Reply without entering any rating. Also, be sure to verify thisinformation with a local attorney who is familiar with your local laws andprocedures. Thanks again for using Just Answer. Your business isappreciated.