Legal Question in Landlord & Tenant Law in California

Do I have a small claims court case if my friend and I both signed a 12month apartment lease together but she put her 30day notice in order to move with her new boyfriend therefore I had to put in my 30day notice since I could not afford the rent on my own? She paid only half of the cost to break the lease, I had to pay the rest which was $1200.oo. Our rent was 1200 each month which we split even so each paid 600 a month for rent. To break the lease was a total of $2400.00.


Asked on 3/29/12, 5:24 pm

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

It depends upon what you agreement was as to this type of situation. If you did not discuss it with her then you have a weak argument that she had to stay because you wanted to stay, but a judge could find in your favor at least as to some amount. It probably is worth taking the chance on the argument that she knew her breaching would force you to breach and incur the added charges. Find out when your landlord re-rented as he may not have been entitled to two months rent [his damages are from when you stopped paying rent to when the place was re-rented].

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Answered on 3/29/12, 9:58 pm


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