Legal Question in Real Estate Law in California

Rent payment question

About 6 months ago, my girlfriend

and I broke up and she chose to

move out of our apartment, which

we had signed a rental agreement

together. While she lived here with

me for about a year, I paid them

rent each month, and she bought

some stuff to improve the

apartment's aesthetics (a plasma TV,

couch set, and stereo). Shortly after

she moved out, she had taken

everything she wanted, which didn't

include the aforementioned items.

Now, many months later, she is

demanding that I return those three

items, even though she never paid

for anything else during our time

living together.

If she wants to demand these items

back, can I take her to small claims

court for half of the rent that she

never paid (which is much more

than the stuff she had bought)?


Asked on 4/12/07, 9:59 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rent payment question

I would say yes; when two cotenants sign the lease, the landlord can collect the rent from whichever he chooses, but between the two tenants, each is liable for half and if X pays more than 1/2, X can sue and collect from Y. On the other hand, getting a judgment, even in small claims, requires some time and hassle, and once you have the judgment, can you collect? Liens and garnishments are a further hassle. Maybe you should find another roommate to pay half the rent, keep the goodies, and forget the former girlfriend. Its as much an economic and lifestyle decision, or maybe a forgive-and-forget vs. punish decision, as it is a legal issue.

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Answered on 4/13/07, 1:24 am


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