Legal Question in Landlord & Tenant Law in California

Recently broke a lease in Woodland Hills, CA total fees came to $3041 I have paid my share of $1013 the other 2 roommates are refusing to pay, I would like to know what options I have available to me so that I am not stuck paying the entire amount.


Asked on 10/06/09, 7:01 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

That depends upon what the written agreement with the landlord was and the circumstances of the breach of the lease agreement. If all three of you signed the lease then each one is liable for up to the entire amount, as each of you agreed to pay the monthly amount. The landlord would then have to sue for the remainer owed; he/she could sue you also or just go against the other two. A wise landlord would sue you also as it is easier to collect from at least one of three parties than two. You would be able to cross-complain against your former roommates. But your credit record would show a judgment against you.

Unless you pay the entire amount, I do not think you can sue the roomates for the balance because it is speculative that you would have to pay it. You should try to work something out with the landlord to avoid his/her suing you.

You do not ask, but $3,041 seems awefully large an amount to pay; look at prior responses to questions as to breach of lease remedies.

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Answered on 10/06/09, 7:18 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

That depends on what the lease agreement says and whether each of you is, as is likely, fully responsible for all rent and other charges. If that is the case, the landlord can collect the full amount due under the terms of the lease from any of you and your only option would be to try and collect from your two roommates. Before making any payment to the landlord, you need to check the lease carefully to see that the amount he is claiming is actually due. Landlords frequently don't understand their own leases or simply make a mistake in calculating what is due. Did the landlord, for example, calculate in any secuirty or cleaning deposits or a prior payment of the last month's rent. If you have to pay the landlord, you can then sue your two roommates in Samll Claims Court for their share of the payment.

I hope this helps.

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Answered on 1/28/10, 5:28 pm


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