Legal Question in Landlord & Tenant Law in California

So I am a international student and I want to sue one of my roommates that is also a international student and would like to to know if that is possible in the state of California. And what would the consequences be for that person I would be suing being a foreigner.

The situation is that, I live with two people that are also international students. And one of them - which, I will call person A - decided not to pay the month of October 2014; I followed my responsibilities and handed my check of october, the first day of the month, while my other roommate - person B - did not hand it also. Mid October came, and they still had not handed the checks to our landlord - only one was given, which was mine. The landlord decided to send the "3 day notice" letter, and still no response from them about the checks after asking several times. The end of the month came, and the landlord sent us the eviction lawsuit letter and gave us 5 days to pay what was owed or be evicted. After that, they realized the serious situation they caused and finally handed the checks of OCTOBER. BUT, our landlord mentioned about an illegal fee ($644) to pay as well, because we (THEY) broke the contract. Person A, which is completely responsible for this situation does not want to pay that fee and Person B, accepts and admits paying half. We have only 1 day to pay all what is owed - the month of OCTOBER (which we have all the 3 checks now), the illegal fee (Between Person A and Person B), and the next month of NOVEMBER (My check is ready and Person B; Person A is not.). So our landlord, wants to sue us for non payment if we do not pay, and I do not want to suffer consequences of the Person A, for not wanting to pay her mistake and the next month (November). And because we are all 3 in the contract, they have to sue us 3. But, I find that very unfair, since it's main responsibility of Person A. So, I would like to know what I can sue her for? and if I can sue being a international student and suing a non-american?


Asked on 11/04/14, 2:18 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Your nationality has nothing to do with standing to sue in California. Whether you can collect and whether the lawsuit has any merit are other issues that you should be focused on.

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Answered on 11/05/14, 8:03 am


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