Legal Question in Landlord & Tenant Law in California

nearly 2 years back, I wanted to find a place to live. I found this listing on craigslist for 900$ a 1 bed room in a 2 bed room apartment. I took this up without signing a lease. I just give my roommate a cheque and he handles everything.I always put a notation in the cheque such as "Rent oct 09". Last month I went on a vacation and missed the due date for paying the rent. When i came back my roomie said that the landlord requires a late fee of 75$ and collected it from me. I put a note in the check saying "rent oct 09 + late fee ".

Now, the next day i happen to meet the manager of the apt building and i accidentally learnt out that they never collect late fee and specifically talked about how i caused a late payment last month. I have also found out that I have been paying way over half the rent to my roomie. I am really pissed about this. In any case he should not have lied to me about the landlord requiring late fee. I am still staying in the same place and plan to move out soon because of this. I have not confronted my roomie regarding this. Is there anything I can do take care of this legally. Getting a lawyer would not make sense for such a small amount. But, still I want to do something about this and teach him a lesson.

This is in los angeles. Please advice me on how to proceed best.


Asked on 11/19/09, 1:31 am

1 Answer from Attorneys

Let it go. Your room mate was under no obligation to split the rent with you. He offered a room at a price you accepted. There's nothing wrong with that. As for the late charge, that was basically fraud, but we're talking a $75 fraud. That is just too small an amount to get anything legal involved. If you will be in the apartment long enough to have another rent payment due, just deduct it and calmly tell him something like, "the manager told me he never collected the late fee, so you already have the other $75," or something like that. If you won't be around that long, just confront him and ask for the money back. But really, bear in mind we're talking $75.

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Answered on 11/24/09, 10:40 am


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