I suspect you have little of this in writing. It is always best to have everything in writing. When is payment of the rent late according to the lease? Some judges only allow a reasonable late charge based upon the actual cost to the landlord of the late payment. A flat charge of $375 no matter how late you are seems very excessive and a judge likely would say it is against public policy. Since your cancelled checks would show how much you paid him, and he agreed to accept your vague notice of when you would leave [seems that it will be your word against his], it dopes appear he owes you the deposit and unused part of the rent you did pay. Legally, he must notify you within 21 days after you leave of what money he is withholding an why, but the code section does not state what the penalty is for failure to do so. You probably have a good chance of winning in Small Claims Court, where you would also be awarded the filing fee and reasonable cost of serving him [you can not do it yourself]. point this out to the landlord, tell him you will give him ten business days from the date of your letter or e-mail for him to consult an attorney, point out if he has to hire an attorney it may cost more than what he is keeping, and then sue if he does not comply.
Answered on Jun 30th, 2016 at 7:15 AM