Legal Question in Real Estate Law in California

Re: promissory note

Assuming that your roommate signed the promissory note, and his payment of 1/2 of the deposit was not contingent upon his moving someone else into the apartment, the promissory note is probably "legal." If the amount owed is under $5,000.00 in California, you can sue your roommate in small claims court to obtain a judgment against them. After obtaining your judgment, it will then be up to you to collect on that judgment. The courts will not automatically force your roommate to pay you, and you will have to "garnish" his wages, levy on his bank accounts, or attempt to seize other property to satisfy your judgment.

In California, judgments are valid for 10 years and can be renewed for additional periods of 10 years. In addition, interest accrues on a judgment at the rate of 10% per annum until paid.

Re: promissory note

It sounds like your promissory note is valid, and you should be able to get a judgment in small claims court. At least, all you have to lose is the filing fee and the time it takes you. It might be difficult to collect the judgment once you get it, but it's worth a shot.