Legal Question in Real Estate Law in California

My former roommate and I split rent 50/50. He did not pay rent for two months, so I paid our rent in full. Rent for the third month was coming up and he still did not reimburse me for the first two months. I told him I would submit a 30 day notice to vacate if he did not pay me the next day. He did not pay me the next day, so I submitted a 30 day notice to vacate. The only catch is I signed my name and forged his name on the notice to vacate.

We went our separate ways and both live on our own now. My question is, do I have a small claims court case? Or, since I forged his signiture on the 30 day notice to vacate, do I not have a case? He still owes me two months of rent and acknowledges this, but refuses to pay.

Any advise would be great. Thank you.


Asked on 6/14/10, 2:33 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

It was stupid to forge his name. Especially since all you had to do was tell the landlord you were leaving and the roommate had not paid rent for three months. The landlord would have given both of you a thirty day notice.

The forgery has nothing to do with the failure to pay rent and probably caused no damage t him because the landlord would have kicked both of you out. If you wish to be super cautious, could could try to get a declaration from the landlord saying that but it is really not necessary. Point out to your roommate that he will loss the court case, a judgment will be entered that will go on his credit history and future landlords checking his references will see it, so it is better to work out installment payments then your suing him

Read more
Answered on 6/14/10, 11:38 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California