Legal Question in Landlord & Tenant Law in California

You are correct that this is a complicated situation. The first issue is one of trespass. Without seeing the lease, any subleases and whatever the roommate signed giving up her right to remain in the apartment, it is not possible to say if you have any cause of action for trespass or if you have any rights to push for prosecution for same.

Second, there is the question of assault and battery. Whether the police and/or district attorney will prosecute a case like this is somewhat out of your hands. It is in their sole discretion whether they feel that there is sufficient cause to prosecute someone. In situations such as you describe, it is very common for them to "punt" and elect not to prosecute anyone. They don't take on cases unless they can prove them and win, particularly where they are (and I am not discounting the situation - just describing it as they see it) somewhat petty.

Can you sue the former roommate - absolutely. Trespass, assualt and battery, for damages related to the damage to your property and the apartment - there is nothing but a few hundred dollars and the right papers filed with the Court to prevent you from doing so. You may win if you can prove who was at fault, how this all went down, and prove the cost of the damages to your person and your property.

Finally, you cannot avoid the cost to repair the property. As one of several tenants on the lease, the landlord has the right to require that you repair the property, or he'll do it and charge you. It is irrelevant how the damage occurred because it happened while you were in possession and control of the apartment. Good luck - this sounds like a terrible situation.

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