Legal Question in Landlord & Tenant Law in California

This is a landlord tenant question, in California. If my roommate does not pay rent and I choose not to pay his share anymore (I have paid 2 times and he has not repaid me) and I choose to go to court and provide the rents due in court for just myself. Can or will the judge evict my roommate without evicting me? I would like to stay but the landlord tells me that if I want to stay I have to pay the full rent, and he is aware of the roommate not paying property. Also, the roommate is on drugs and selling drugs, landlord is aware of this too (as well as local police) I have begged for help and cannot afford to move out immediately and lose the security deposit.


Asked on 3/24/10, 4:22 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The answer depends upon what your contract says. If you both are on the lease as the prime tenants, then you both are equally responsible for the entire rent. Only if the rental agreement says that you are responsssible for just one half, which is very doubtful, could you just pay your share and not be evicted. Landlords do not want to get involved in fights between tenants so they normally require each tenant to be fully responsible for the entire rent.

As to evicting the other tenant for selling and using drugs, what you know and what can be proven are two different things. The landlord may not feel there is enough evidence to show a drug connection; you cna not force the landlord to evict your roommate [if he did, then you would be the only tenant and clearly responsible for the entire rent unless you could sub-lease part of the unit]. You could help as to the drug problem by co-operating with the police by giving information that would catch him in the act.

Read more
Answered on 3/29/10, 9:50 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California