Legal Question in Real Estate Law in California
I have been living in an apartment for the past 6 months and the lease agreement is in my name only. I have had a roommate during that time whose name is not on the lease agreement, but we have been splitting the rent per verbal agreement. (I understand that this is a violation of the lease agreement.) I gave 30 days notice to end the lease per agreement and we have been planning to move out and live separately. All of the contents of the apartment belong to the roommate. Within a week of the move out date, my roommate has indicated that he cannot be out in time and wants to continue the arrangement after learning that the apartment had not been rented yet. What is the roommates legal recourse if I go ahead and terminate the lease as planned and allow the apartment management deal with his belongings?
1 Answer from Attorneys
The landlord, perhaps with the sheriff's assistance, will eventually evict the remaining person and his belongings, and will be looking to you for compensation in the form of rent, court costs and other fees and expenses. This could come from your security deposit, and/or your pockets, bank account, paycheck, etc. after a small-claims suit and enforcement of judgment proceedings against you.
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