Legal Question in Civil Litigation in California
My girlfriend gave her 30-day notice on February 7th. She used her "last month's rent" to pay for the month of February. She told the roommates that she would pay extra in order to fulfill the complete 30 days. In other words, she was willing to pay about $125 to cover the first seven days in March. This agreement was made in case the roommates could not find someone by March 1st.
When she went by to drop the keys off she noticed someone was moving in. Ms. P has found someone to rent the place.
Ms. P, who is only a tenant, did not tell my girlfriend of this new roommate and is now calling her for the extra money for the first week of March.
In my mind this is fraud - in that Ms. P set up a new tenant and did not tell my girlfriend but still wants the extra money.
I told my girlfriend to not pay since there is a new roommate taking over the room beginning March 1st.
1 Answer from Attorneys
Your girlfriend might be liable for the advertising to locate a new roommate. Other than that, I would agree that, since the tenant has mitigated (i.e. reduced or eliminated) her damages, your girlfriend should be credited for that amount. It would be worthwhile to have an e-mail or something else in writing from someone in the apartment to state that your girlfriend's old room is now occupied by a paying tenant/roommate.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
