Legal Question in Real Estate Law in California

Re: Roommate Breaking Lease

There will some facts that are very important that are missing in your statement. Was the altercation between you and your roommate physical? If it was that might make a difference. Are you and the roommate on a written rental agreement?

However, it sounds like your roommate broke his (oral?) contract with you and moved. So you can sue in small claims court to recover your damages including advertising.

Re: Roommate Breaking Lease

If you are on a lease, which he signed, he would be liable to you for the length of time still on the lease. You would be required to reduce your damages by finding a replacement. You could sue in small claims for the cost of finding a new tenant, the actual lease payments he was to make under your agreement with him, and the difference in rent, if you need to reasonably reduce the amount that you charge to the new renter.

If you were on a month to month, you will only be able to sue for the 30 days, and not advertising costs.

He might defend that you made the conditions uninhabitable, and that your actions were a constructive eviction. If the judge believes him, you could lose.

Re: Roommate Breaking Lease

The advice given in the two previous replies is sound. The basic answer to your questions is 'yes' to all. However, rather than civil code sections you should probably start with a self-help law book on small claims procedures. In small claims court it is more important to know the procedures, and to have your evidence in good shape, than to know the exact language of diverse civil code sections. The judge will supply the legal knowledge; your job is to file and serve the papers correctly and to have all the facts and other evidence (including witnesses, if any) lined up for presentation in court.

As information, Civil Code Division 3 covers contracts and contract-like obligations in general; within that, sections 1940-1954.1 cover 'hiring of real property,' i.e., real property leases.

You might also want to look at a self-help law book about landlord-tenant relations.