Legal Question in Civil Litigation in California

Broken Contract vis a`vis Roommate Agreement

I'm the Master Tenant in my flat. One of my tenant/roommates is planning to move out and despite the Roommate Agreement that I had her sign in which it is specifically stipulated that security deposits could not be used to ''live out'' the final month's rent, I've been informed that she plans to do that anyway. My question is two-fold: First, is it legal for me to stipulate that a sub-tenant can't use their security deposit as their last month's rent if the sub-tenant agrees? Secondly, if my soon-to-be-former roommate decides to try to get away with using her security deposit to pay her final month's rent in spite of having agreed in writing that she wouldn't do so, what recourse (if any) do I have?

If it's relevant to the advice I'm able to get on this, I live in San Francisco, Ca.

Thank you very much in advance for any light that you may be able to shed on the subject.

HLD


Asked on 6/29/04, 12:18 am

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Broken Contract vis a`vis Roommate Agreement

Contract law is all about actual, measurable, economic damages. If she fails to pay rent for the last month and just assumes the security deposit will cover the rent, what will that cost you? Assuming the security deposit is equal to one month's rent and assuming she's entitled to a full refund of her security deposit, it will cost you nothing, right?

However, if there is a difference in amount or if she's entitled to LESS than a full refund, you might actually suffer damages. Assuming your lease ("roommate agreement") is valid, you can serve her with a standard 3-day "pay or quit" notice once she's late with the rent (subject to any grace period in the lease). That presents her with a serious threat of eviction and, more importantly, gets her attention and the checkbook probably pops out at that point. Attorney's fees are often recoverable in such a case, so you might want to track down an Unlwful Detainer lawyer in your area.

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Answered on 6/29/04, 3:21 am


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