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.
2 Answers from Attorneys
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.
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