Roommate Not on Lease, if I Break Lease, What Happens

[mfmg03]

My question involves landlord-tenant law in the State of: California

Both myself and my friend, who are the leaseholders of our apartment, have agreed to break our lease. However, my friend, who moved out several months ago, was replaced by a new roommate. This new roommate is not on the lease nor is there any written agreement stating he is subletting from my roommate. We simply had a verbal agreement that he would pay my friend's rent in exchange for his room.

Naturally, this new roommate hasn't paid rent or utilities, and my friend and I have agreed that we would save more money by breaking the lease than we would by sticking it through. If my friend and I break the lease, what happens to this new roommate, who is not on the lease?

[Mr. Knowitall]

If you fail to pay the rent you owe to your landlord, your landlord can pursue you for the rent you owe.

If you are evicted, the eviction will cover occupants. The occupant - your tenant - may end up with a cause of action against you for failing to pay the rent to the landlord such that his tenancy was improperly terminated.

If the guy won't pay, consider asking him to leave. If he won't pay and wont' leave, you can explore evicting him.