Legal Question in Landlord & Tenant Law in California

My girlfriend and I moved into a one bedroom apartment in June 2009. Because her credit was bad from a foreclosure, the lease was put in my name, and she put down the $1500 deposit, and we had an oral agreement to split the rent 50/50, with me putting the utilities in my name and her putting the gas in her name. We have split the rent for the last 4-months but now it is October and she says she is leaving and not paying me the rest of the rent. Since I still owe $13,500 on the lease, do I have any legal action against her for not holding her end of the agreement? We had an oral agreement... proven by her putting the deposit down, moving all her furniture in and putting the gas in her name, as well as splitting the rent to date.


Asked on 10/02/09, 3:51 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

You can try suing her in small claims court for breach of contract for $7,500.00, which is the maximum jurisdictional amount for small claims. The worst that can happen is the court would refuse to enter judgment against her; the best that could happen is you would win.

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Answered on 10/02/09, 4:21 pm


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