Legal Question in Real Estate Law in California

Re: Default on Lease Agreement

Howdy:

Unless special arrangements were made with the landlord (which I would tend to doubt), you are responsible for the entire rent. If the roles were reversed and you moved out, your roommate would be in the same situation.

Potentially, you can sue in small claims for your roommate's half the rent. If you do, and if you prevail, you have the normal problem with collecting on it.

Your best course may be to just find another roommate...

Re: Default on Lease Agreement

Subject to any unusual provisions in a written lease, and assuming both tenants signed the lease, both remain responsible to the landlord for the full rent, and the landlord can go after either of you or both of you at his option. So, you need to continue paying.

However, your former roommate is liable to you for any harm you sustain as a result of the former roommate's breach of the lease, and you can pursue a small-claims action if necessary.

I agree that your best bet is to find another roommate. I would further suggest that you keep the landlord fully informed as your openness will put you in a better position if the landlord is ever inclined to get tough with anyone.

Re: Default on Lease Agreement

In addition to what others have told you, you have a duty to mitigate your damages by finding someone elso to take over the other party's share of the rent, even if you sublease out for a lower amount than the other person was paying (as long as it was in good faith).

Once you do that, you will have a better idea as to your damages, and will most likely be successful in court. If you know where they work, you should be able to collect on the judgment.