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I am in the process of getting out of a lease early. I was…

Customer Question
I am in the process...
I am in the process of getting out of a lease early. I was renting a house with my girlfriend but her mother had health issues so she moved back home early. The landlord and myself made a deal where he would list the property and i would keep it available for open houses and he reduced the rent. Now he has a potential buyer but he is trying to keep my security deposit i have our conversation via text messages written out below i wanted some legal advice.


(June 22nd from Owner)
Hi Cameron
I have a potential buyer
They are asking for availability. We need to talk how we proceed in general, as you know- I am losing a lot of money every month so if I have a buyer than we need to do the transaction asap. Unless of course you choose to keep the lease and pay full back and future rents as this is your full right under the lease. If you decide you want to break the lease, we need to sign an addendom with the new termination date. Does july 1st as a termination date workable for you? Please let me know asap.
Thanks

(June 22nd from Renter)
Ok I can be out on the 1st let me know when you can have the contract ready we can meet.

(June 29 from Renter)
Hello Iuval, I should be completely out by the 2nd hope that is ok with you.

(June 29 from Owner)
As long as we did not sign nay change to the lease you still have to pay rent on time regardless if you live there or not.
Lets talk later today.

(June 29 from Renter)
U told me to be out July 1st

(June 29 from Owner)
Cameron, if you read the texts you will see that I asked if that works for you. In no time did I ask you leave. How can I do that without change the lease. We both have to agree to the terms of the termination. I am very flexible and very open to even do it july 1st if you really wish but until I have signed document saying that must have both of you sign since it is not only you on the lease, than you can't just leave…

(June 29 from Renter)
Well I was under the impression that u had a buyer ready and to out the 1st I have movers already lined up I wrote you on the 22nd telling you I would be out on the 1st, so yes the 1st will be best for me now.

(June 29 from Owner)
As long as we agree on the terms of termination, I can meet you tomorrow and we can do it. I am not trying to make it hard but I must make sure the property is left in good condition and that you do understand that you are getting out of a 12 month lease 6 months early so you are not entitled to get any refunds ect. Do you have any issues so far?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 10 hours by:
6/30/2010
Real Estate Lawyer: Ellen, Lawyer replied 8 years ago
Ellen
Ellen, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Hello,


Thank you for your question.

In California, the landlord loses the right to keep any of the security deposit and must return the entire deposit if the landlord doesn’t provide a full refund, or a statement of deductions and a refund of amounts not deducted, by the end of the 21-day period. Therefore you may want to wait until you either receives this statement or the 21 days has expired and at that time file suit against the landlord for recovery of your security deposit, court costs and fees
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