Legal Question in Landlord & Tenant Law in California

I posted an ad on Craigslist to find a roommate to fill the extra bedroom I had availble in my apartment unit. I couldn't afford another month in the unit unless I found someone. I turned down a couple of people because someone else inquired about the room and even paid the month's rent to prove she was serious about the room. A day after she paid rent to the landlord, she told me (and the landlord) that she couldn't move in, because she realized she wouldn't be able to afford it each month. She even paid the rent before she signed a lease. So, the landlord told her that it was my responsibility to pay her back since they already deposited her check. I was wondering if I'm legally obligated to pay her back?


Asked on 3/04/10, 10:25 pm

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

No, she made a contractual to rent the place and had to give thlirty day's notice that she was going to move out. You relied upon her promise to your detriment in not renting to others. By directly paying her part of the rent to the landlord she implies that she is leasing/renting from the landlord and is not sub-renting from you. So she owes her part of the months' rent to the landlord and you owe your part [the entire rent less what she paid]. If she feels she is entitled to anything back, she has to deal with the landlord as he took her money, not you. If you had to pay her back, then the landlord will have gotten the full months rent from the two of you, she wil have gotten her rental payment back, and you will have paid the full months rent. Why should you have to pay for her changing her mind too late?

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Answered on 3/09/10, 11:10 pm


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