My fiancé and I were renting a room and the landlord served us with a 5-day Notice to Quit one day after we paid our entire month's rent. The lease states a required 45-day notice to terminate the lease from either party, with no mentioning for an early lease break fee. We have vacated but now are faced with his verbal refusal to sign any documentation, including that of a lease termination agreement. He has also refused to refund our pro-rated rent or our security deposit. I know that through CA Civil Code 1950.5 he is required to return our security deposit within 21 days of the vacate, but what about the pro-rated rent? Also, since we were on a 12-month lease and only 2 months into the lease and he is refusing to sign a lease termination, does he have the right to demand the other 10 months rent, even though HE is kicking us out? We have had extreme difficulty in communicating with him, so we have not returned keys yet (today is the official move-out date, and we have all of our stuff out and everything has been cleaned), but are sending them via certified mail return receipt requested. What else do we need to do to get our money back? That's all we want!

Hello kb:

There's some holes in your story that need to be filled in before I can give you a good answer. I need to know WHY he gave you notice, when your rent was due and, and WHEN you left.

excon