Legal Question in Landlord & Tenant Law in California

what do I do about $4000 (and growing) overdue rent

I sublease my place to my roommate and he has been with me one year. I am the lessee of the apartment. There is a verbal agreement that he pays $1200 per month.

He owes $4000 rent. He has been overseas for 5 months and says he has little access to phone and email. He seldom answers email, never returns calls. His emails are vague. I am not able to communicate satisfactorily with him to work out a solution to the problem.

He says it is almost impossible for him to pay from overseas. He did not say why.

He deposited two small payments (not the full amount) several weeks apart but nothing more despite several assurances that he will pay.

I need advice on

a) how to sue him for unpaid rent

b) how to evict him because he is not making good his assurances (by email) to pay rent

I know nobody who knows him nor do I know his address, I only know what country he is in.

He has personal belongings in my apartment, and he says he wants to continue renting from me for the foreseeable future, returning home occasionally as his job allows. Problem is the amount of rent he now owes is getting out of hand.

He paid a $600 security deposit when he moved in.


Asked on 11/04/08, 2:15 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: what do I do about $4000 (and growing) overdue rent

If your roommate is on active duty in the military, you cannot get a default judgment against him. You should call the military branch he is in and ask to speak to his C.O. If he is not in the military, you can serve him a 15 day notice at his last known address informing him you believe he has abandoned the premises and will be leasing the premises to someone else unless he informs you within the 15 days of his intent otherwise. You should have a lawyer assist you with this process so you do not get sued.

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Answered on 11/04/08, 9:33 pm


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