Legal Question in Business Law in California

i promise a roommate that i would pay the entire rent. he was gonna pay me 3 days later. one day before the payment deadline i notice i was short by 25 dollars. i told him about the situation and that he need it to come out with the money.. the deadline for the payment came and he didnt have the money 3 days later the check was cashed and a late fee was charge. i feel like he is reposible for it...


Asked on 12/21/09, 7:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A court would enforce the agreement as made, not as nice guys should carry it out. If your agreement was that you would pay up-front and get reimbursed three days after you paid, well, you're the one responsible for the late charge, not the roommate.

On the other hand, if the agreement were that he would pay his share three days after the first of the month (or whenever the rent were first due), then he's responsible.

But the way you describe your agreement, his duty to pay is tied to when you pay, not to the calendar.

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Answered on 12/27/09, 9:15 am


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