Legal Question in Real Estate Law in California

Renters lease law

A roommate broke a lease and is refusing to pay for the remainder of the year. I am not able to find a roommate to pay her portion of the rent. What are my legal rights. We both signed the lease.


Asked on 5/15/99, 2:46 pm

2 Answers from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: Renters lease law

I can't really answer without seeing the lease, and without knowing

the agreement between you and your roommate. There may be issues that the

agreement, or at least some memorandum of it, must be in writing to be

enforceable. If you have an enforceable agreement, the roommate, if

she breached it, owes the damages you could not avoid.

Of course, if the roommate was also a "significant other", and the

relationship broke up so that living together further was potentially

harmful or violent, a court may not uphold the liability.

Sounds like a small claims case, if the total damages are under $5,000.

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Answered on 5/20/99, 7:49 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Renters lease law

Cant be sure without reading it but in most leases the landlord can enforce the lease against either or both of you

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Answered on 5/20/99, 9:08 pm


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