Legal Question in Landlord & Tenant Law in California
Rent Payment
A boyfriend and girlfriend decide to rent a house together. The girlfriend pays 6 months in advance but does not make any agreement that the boyfriend will pay half. They share all bills otherwise. About 5 months later the two split up and the girlfriend decides she wants the money back. Can she sue at this time?
2 Answers from Attorneys
Re: Rent Payment
Given the facts provided, the GF made no agreement with the BF that he would be responsible for half the rent, so she waived his half and is entitled to nothing. On the other hand, the BF benefitted by living rent-free for 5 months. Unless the BF provided some kind of services to make up for his monetary deficiency in rent, the GF may be entitled to recover half the rent for the five months based on a theory of unjust enrichment. She'd have to sue him for it, though, because it doesn't seem like he'll part with it voluntarily. If the GF sues, she still risks losing her claim. Good luck.
Re: Rent Payment
Since both paid equal shares of utility bills, etc., it would be a fair presumption that you agreed to split the rent. Evidently, he took your six months' of rent, and "coasted" for three months. He might wind up being evicted if he doesn't pay his share. If you paid six months of your share, then arguably he owes you your share of one month's rent. Is it really worth the aggravation to sue, since presumably he's out of your life otherwise?