Legal Question in Landlord & Tenant Law in California

California Roommate Laws

My roommate and I both have our names on one lease for our 1300/month apartment. My roommate is now intending to move out, breaking the lease 6 months early, and not pay any more rent. Do I have any legal options here?


Asked on 1/12/08, 8:43 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: California Roommate Laws

Mr. Guerrini has given a very thorough answer (and IMO correct).

Follow his advice!

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Answered on 1/19/08, 2:16 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: California Roommate Laws

If the lease obligates each of you "jointly and severally" (and it probably does), then each of you is equally responsible for the entire rent. Thus, even if your roommate doesn't pay his "half" of the rent, you are responsible for the entire amount.

If you and your roommate have a separate agreement that each of you is responsible for half of the rent for the length of the lease, then you can sue your roommate for the unpaid rent each month. This is an ideal claim for Small Claims court.

But you are still responsible for the entire rent. Your landlord is not obligated to let you stay in the unit unless the entire rent is paid. Your landlord does not care from where the rent comes.

You may want to consider going to the landlord and asking to be let out of the lease early. If the landlord permitted this, it will likely only be if you pay a premium, such as an additional month's rent (or more).

Or in the alternative, you can look for another roommate.

Good luck.

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Answered on 1/12/08, 9:50 pm


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