My question involves landlord-tenant law in the State of: California
I recently rented a property and signed a 12 month lease in another city for my job. At the time of signing the lease, I stated that my company was not 100% secure, and that if I had to move out early, would I be able to break the lease once new tenants replaced me (which was stated in the lease). She said she would be flexible if we worked together if that time came.
My move in date was to be April 8, I signed the lease March 29th, and paid pro-rated rent and deposit. Four days after signing the lease, four days before my move-in date, I was told by my boss that they could not afford to relocate me. I immediately called my landlord and told her about the situation, we talked that day. Then she had not contacted me for over a week, and I called her.
After I called her, I asked for my deposit back , and did not bother asking for rent-new tenant rent, as they still had not tried to re-rent. She stated that she is using my deposit to pay a property management company fee, as she is unable to rent herself (when I signed, she was the landlord and did not use a property management company). The rental property was not advertised until 10 days after I told her I could not move in. It is now April 25th, no new tenants, and unless they secure tenants for May 1, I will have to pay May rent.
My questions:
1. Is the landlord reasonable attempting to re-rent and mitigate damages?
2. Can they use my deposit, saying that damages include the cost of hiring property management company?
3. Do I continue paying rent?
4. Am I supposed to get my deposit (As I never moved in, so there are no damages)?
5. They never did a final walk through, nor provided me with a checklist of property conditions before moving in, are they in break of the lease?
Thanks for reading and I appreciate any feedback.
Jasmin

