Legal Question in Real Estate Law in California

Roommate From Hell

I & a woman I did not know very well (no romance) signed a 12-

month lease on a 2-bedroom trailer. She turned out to be awful,

immediately violating the lease with pets that were not agreed to

by the on-site landlords, infuriating them & leading to a series of

nasty, threatening encounters. I acted as a go-between for a

several weeks, found the situation intolerable & decided not to

move in. I paid two months rent; after the first month the landlord

released me from the lease.

I offered to find a new tenant, my roommate agreed, I placed &

paid for a newspaper ad, took a lot of time off work to screen

applicants & presented them to her for approval. She chose one,

he paid his money & moved in. No sublet agreement was signed &

my roommate stated her belief (with which I disagreed) that I had

�assigned� my portion of the rent to the new roommate & was still

ultimately liable for it.

Well, she trashed the new tenant (he says that she spent his rent &

deposit money on a trip) &, after 3 months, he is moving out. My

roommate is calling me, again claiming that I am responsible for

the rent (some of which was his money that she spent) &

threatening legal action to collect it from me. Am I liable?


Asked on 2/17/03, 2:57 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Roommate From Hell

your situation, from the facts given, sounds tricky. however, it does sound like your female roommate agreed to release you from the lease, along with the landlord. this would be a valid novation legally speaking. not only that, her agreement and selection of one of the prospective roommates you screened for her could be deemed a waiver of any rights she may or may not have had against you should the new roommate abandon the lease for whatever the reason. so it sounds like you have a very strong defense against her should she try to sue you for the remainder of rent payments on the lease. if you would like further assistance, contact me directly and show me a copy of your lease agreement.

Read more
Answered on 2/17/03, 3:07 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California