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Roommate Is Defaulting On Her Share Of The Rent in California

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  • 07-10-2007, 10:29 PM
    caligurl102
    Roommate Is Defaulting On Her Share Of The Rent in California
    :confused: I moved in with a roommate in February where we both signed a one year lease. It is now July and she has constantly not paid her portion of the rent on time. Most of the time I would pay her portion and hunt her down to get the rest of my money. Now this month she has not paid and is not returning my phone calls or emails, nor has she been to the home in over a month. I cannot afford to pay her portion of the rent which is why I insisted she be on the lease. I paid my half directly to the landlord for July and the lanlord is insisting if she doesnt get the other girls portion by the 15th she will evict both of us. Is this fair? She is on the lease and I clearly cannot afford to double my rent, plus I am pregnant with a small child already in the home and I cannot just have anyone moving in with me. Cant I leave the home and just leave her responsible for the whole share like she is doing me? Not to mention all of her crap is still here in the home and in the garage. What can I do? There has to be a way outta this. Thanks
  • 07-11-2007, 03:49 AM
    CA LL
    Re: roommate defaulting on her share of the rent CA
    If you and your roommate signed one lease with the LL you are likely jointly/severally liable for performance of the entire agreement including FULL rent payments each month.

    So the landlord can and will evict you BOTH of you if the FULL rent is not paid. The problems between you and your roommate are not and should not become your landlord's problems.

    I am surprised the landlord even accepted your rent which is only a partial payment..as a rule I do not do so. That being said the landlord is free to evict on the balance owed and BOTH of you will be named.

    An evicition on your civil court records plus a money judgment against you will last for a long long time (they are good for ten years initially then can be renewed for another ten years). The landlord then can get court orders to garnish your wages, place liens against any future assets you own, place the debt on your credit report, etc. Finding another place to rent in the future would be extremely difficult.

    Roommates often enter into legally binding contracts not understanding the jointly/severally liability. Consider this a lesson learned the hard way and work on getting the rest of that rent paid. You can also go back and sue your roommate after the tenancy has legally ended.
  • 07-11-2007, 06:32 AM
    aaron
    Re: Roommate Is Defaulting On Her Share Of The Rent in California
    It is your landlord's right to insist that the entire rent be paid on time. It is unfortunate that your roommate is putting you into this position.

    If you move out, your landlord can still pursue you for unpaid rent.
  • 07-11-2007, 11:13 AM
    caligurl102
    Re: Roommate Is Defaulting On Her Share Of The Rent in California
    Thanks for your reply, it looks like bad news for me. What about the fact that my LL is willing to let her go free and clear? Like I said all her stuff is still in the home and the LL is doing nothing to get her out. How can I be responsible to pay her portion of the rent when her stuff is still clogging up two rooms in the home and I cannot even get someone else to move in and help me even if I knew someone? It seems as though my trying to do the right thing and ensure her name was on the lease really didnt make a bit of difference because I am still going to be the one screwed over here in the end. This sucks!
  • 07-12-2007, 03:31 AM
    CA LL
    Re: Roommate Is Defaulting On Her Share Of The Rent in California
    You need to realize this is NOT your landlord's problem..it is YOUR problem. The landlord is free to pursue the rent from both or either of you - that is what jointly/severally liable means. There is no "her share" vs "my share". At least not to the LL. Right now the rent is underpaid, there is a balance outstanding and you both will be the defendents on an unlawful detainer lawsuit if it is not paid. I explained the consequences of that above.

    You should not enter into legally binding contracts with people you really don't know/trust. Pay the balance of the rent and keep pursuing the roommate on your own, not bothering the LL about it.

    The landlord MAY be open to letting you out of your lease if in the end the roommate does really move out for good and you can't afford the place BUT the landlord does NOT HAVE TO DO THIS. Also..you cannot just move in someone new..the landlord has the right to fully screen and approve whoever you wish to move in and only IF the landlord approves the new roommate can they move in.
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