Legal Question in Real Estate Law in California
roommate breaking lease
Myself and two other individuals signed a 9 month lease for an apartment. All four of us came to a verbal agreement to allow one more person to move in. Two months into the lease one of the original parties got ina fight with another original party. She kicked her in the face and left at 3 in the am. She moved back to south carolina without talking to anyone about it. We contacted her and said we wanted two months rent for bailing on us. She has denied us of any money. What is she responsible for?
1 Answer from Attorneys
Re: roommate breaking lease
The oral agreement is technically enforceable and you have a theoretical right to collect a share of the rent, at least until you can find a new fourth roommate. However, you face a mountain of practical problems trying to collect, including serving the person with summons, proving the existence and terms of the oral agreement before a small-claims judge, and collecting on any judgment. Unless the amount is very large or you really don't mind a major hassle to vindicate a principle, as a practical matter you should chalk this one up to experience. Next time get it in writing, get a deposit, and check out their credit and other references.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
