Legal Question in Landlord & Tenant Law in California

Re: Tenant's rights

First, did the lease contain a provision that indicated that the lease is subject to cancellation if the lessor puts the house on the market? If not, you probably had no right to cancel the agreement, and though you verbally told the landlord you were terminating the lease, it is not effective unless the landlord accepted the termination. I'll go one better and say that unless you have in writing that the landlord accepted your termination of the lease, you are on the hook for rent through the end of the lease, unless the landlord was able to relet the property, in which case you are only responsible for rent while it sat empty plus cost to relet the property plus any difference in rent (if the landlord had to lease it for less). There are a lot of factors to look at, but frankly unless you and the landlord agreed in writing to terminate the lease, you are on the hook for damages to the landlord.

That being said, the landlord should have sent you within 21 days of your surrendering possession of the property (delivering keys to the empty home) an itemized statement setting forth all of the charges against your security deposit. Even if he was going to keep it all, they still have to send you the accounting. If you didn't receive it, you might be able to sue them in small claims court for the deposit plus statutory damages, but you can guarantee the landlord will counter-sue you for rent damages for breaching the lease.

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Re: Tenant's rights

Generally, the verbal is not enough, unless accepted and acted upon by the other party. (Most form real estate agreements require any changes to be in writing).

That being said, there is a Civil Code that requires the landlord to provide an accounting within 21 days of your vacating and returning the keys. If not provided, you can file a lawsuit for the full security deposit plus additional damages for the landlord's intentional keeping of the security deposit.

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Re: Tenant's rights

Bottom line: You need someone to look at the agreement and give more information on what transpired between you and your landlord.