Legal Question in Landlord & Tenant Law in California

Roommate moves out, but is still on lease.

Two girls and I signed a year lease for our apartment (from January 2006 to January 2007), and, although we urged her to stay until we found a replacement roommate, one of the roommates moved out this past month (March 2006) without writing up any kind of agreements or further contracts. At first she said she would pay us through May, but now she is saying she won't, whether or not we have a replacement roommate. The remaining roommate and I don't make enough to pay the monthly rent by ourselves. If she refuses to pay, I realize we are still obligated to pay the rent in full to our landlord, but if we DO come up short, can we legally force her to pay her share, even if she no longer lives here? All three of our names are on the lease.


Asked on 4/26/06, 2:50 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Roommate moves out, but is still on lease.

Whether or not you come up short, you can force her to pay, but you'll have to sue her for it. That takes time, and in the meantime, you'll still be obligated to pay the full rent, including your ex-roommate's shortfall. Best advice is to get a replacement ASAP. Good luck.

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Answered on 4/26/06, 11:22 am


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