Legal Question in Real Estate Law in California

Roomie signed doc stating will refund rent, now won't pay

My roommate signed a document stating she would pay me back rent I paid for January after I moved out and she had a new tenant move in mid-month. It stated she would pay me the $306 owed plus $100 deposit on January 16th. It came and went and she is giving me excuses as to why she doesn't have the money she owes me. Someone told me I can charge her late fees. Time is important here for me, considering the money she owes me is supposed to go towards my deposit on a new place. What can I do in this situation?


Asked on 1/17/07, 7:18 pm

1 Answer from Attorneys

Steven Lynes Lynes & Associates

Re: Roomie signed doc stating will refund rent, now won't pay

Given the amount involved, if informal efforts to get your money fail, small claims court is the way to go. The possibility of a lawsuit and judgment, and its effect upon your former roommate�s credit report, may be enough to get you paid. The court in your county (where the apt. is located) likely has a self-help website that can walk you through small claims process.

As for �late charges,� unless your agreement otherwise provides, the only extras that you can recover are the �costs� (e.g. filing fee) in bringing the case.

Best of luck.

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Answered on 1/17/07, 7:43 pm


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