Legal Question in Real Estate Law in California
Roommate owes bills?
One of my old roommates moved out in September and found another apartment to live in. He is still on our lease and we've been trying to find a replacement for him. While he was here, we split bills and DSL 3 ways. Since he wasn't here over the summer, he doesn't want to pay any of those bill. My other roommate and I were only here for parts of the summer but we ended paying all the bills anyways. And over winter and spring breaks, though we weren't at the apartment, we all split the bills evenly.
Is he still responsible for 1/3 of the utilities until we find another roommate? Does he legally owe us 1/3 of the summer bills? If he does, is there a section of the law somewhere that I can show him, so that we might avoid small claims?
His name and my other roommates names are on the PG&E account.
1 Answer from Attorneys
Re: Roommate owes bills?
I have to assume that there is an oral agreement and nothing in writing between all of you. Habitual each agreed to pay one-third of the expenses. It would have been wise to have a written agreement to show that those expenses would continue until a new roommate can be obtained. If that was the intent and that was specifically agreed-upon orally, then there is a good argument that he is bound by an oral agreement. The problem is that the law requires all agreements relating to real property to be in writing. Therefore there could be a defense to this oral agreement theory. One of the reasons that he would be responsible is his name is still on police, the telephone account as well as the utility account. There is no specific law to which you can point to say this is it. But, as between key and the creditors, he is jointly and severally liable for not only his portion but all of the bill if you guys ever would cut out. Therefore, you're agreement shows why he's only responsible for his one-third. At worst, assuming it is less than $5000, go to Small Claims Court. Before that, get a new roommate immediately.