Legal Question in Real Estate Law in California

Roomate Debt

In May, by roommate did not pay half of the utilities owed and did not pay all of her portion of rent. She lied to me about the rent part, so I had no idea (as we pay seperately), but I cut her slack on the utilities and paid her part. Unfortunately, I did not keep any of the statements, as I thought this would be a one-time thing and she would pay me back. Two weeks ago I discovered that she did not pay ANY of her portion of June rent, nor did she pay me for any of her utilities. I had to pay all of it to keep us from being evicted and to keep our electric/phone on. I asked her to move out and she refused. We are now a week into July and again she has not paid her half of the rent (I had to pay it again) nor her half of any of the bills. She refuses to leave and my landlord said that unless she goes willingly there's nothing I can do and I am completely liable for her. Is that true? Is there anyway I can force her to leave? What legal rights do I have to recover all of this lost money?


Asked on 7/08/01, 5:51 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Roomate Debt

If you are on a lease jointly or jointly rented the place together you are both jointly and severally liable for rent, which means that any one of you could be held liable for the entire rent. You need to serve your roomate with 3 day notice to pay rent or quit. Include the past rent which she owes. If she does not pay or move out after 3 days you need to file an unlawful detainer against your roomate in your local Court, and have her personally served by a person other than yourself. Go to Court, get a judgement, etc...

If you are in SoCal, I do unlawful detainers. For a free consult call me at 818-998-1584

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Answered on 7/09/01, 8:56 pm


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