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  1. #1
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    Jun 2010
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    Default Roomate Refuses to Pay, Landlord Will Sue Me

    My question involves a roommate in the State of: California

    My roommate and I Signed a year lease together Fall of last year. A couple weeks ago, she packed up and moved out claiming she had no more money to pay.

    The reason why she is doing this is because she does not believe that the landlord will take us to court for 2 months rent.

    The landlord will not accept half the rent. My choices are either to sue my roommate, or get sued by my landlord. If I sue her myself, I would have to pay the full rent, and then get the money back from her, could it be possible for the judge to say, "you already paid the full rent, this could have been an agreement between you two"? also, I would then have the burden of collecting that money. On the other hand, If i get sued by the land lord, she would make me pay for attorney services.

    What do you think i should do?
    any other options?

    Thank you so much,
    Aysha

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Roomate Refuses to Pay, Landlord Will Sue Me

    If I sue her myself, I would have to pay the full rent, and then get the money back from her,
    Unless the rent was somehow divided on the lease, that (above) is the way you will have to do it. As co-tenants, you are both equally liable for the entire rent. What agreement you have between the two of you has nothing to do with the landlord. If you had agreed to split the rent, go ahead and pay the LL the full amount and sue your ex-roommate for what she agreed to pay towards the rent.

  3. #3
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    Jun 2010
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    Default Re: Roomate Refuses to Pay, Landlord Will Sue Me

    No, it was not divided under the lease, I understand that I unfortunately, am being held responsible.

    So there's not way that the judge would take her side if I sue her right?

    And thank you very much for your advice!

  4. #4
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    Default Re: Roomate Refuses to Pay, Landlord Will Sue Me

    Quote Quoting apal2
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    So there's not way that the judge would take her side if I sue her right?
    e!
    the judge should uphold whatever agreement the two of you had that you can support as being true. Anything that you can get that shows the roommate had been paying 1/2 the rent will help support the claim.

  5. #5
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    Jun 2010
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    Default Re: Roomate Refuses to Pay, Landlord Will Sue Me

    would showing the lease be enough?
    both of our signatures are on the lease

    I dont have copies of her checks, but i have copies of my checks showing half the rent.

    Thank you

  6. #6
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    Default Re: Roomate Refuses to Pay, Landlord Will Sue Me

    Quote Quoting apal2
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    would showing the lease be enough?
    both of our signatures are on the lease

    I dont have copies of her checks, but i have copies of my checks showing half the rent.

    Thank you
    No. All the lease would show is you are each liable for the rent. Your agreement with your roommate is separate from the lease. It was an agreement between the two of you. I would start with copies of your checks. What about receipts? If the LL gave you receipts, they might have noted the two different checks and hopefully even listed then as one being from each of you.

  7. #7
    Join Date
    Jun 2010
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    5

    Default Re: Roomate Refuses to Pay, Landlord Will Sue Me

    No, the LL did not give us any receipts, but I can try asking for a record of the checks and see if she has any. What if i got a written statement from the LL saying that my roomate was paying have and I was paying half?


    thank you

  8. #8
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    Jan 2006
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    38,867

    Default Re: Roomate Refuses to Pay, Landlord Will Sue Me

    Quote Quoting apal2
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    No, the LL did not give us any receipts, but I can try asking for a record of the checks and see if she has any. What if i got a written statement from the LL saying that my roomate was paying have and I was paying half?
    that would be good.

    between you writing checks showing 1/2 the total rent, the LL's statement, and the fact your roommate will be under oath (although that doesn't stop everybody from lying) you should be able to support your claim.

  9. #9
    Join Date
    Jun 2010
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    5

    Default Re: Roomate Refuses to Pay, Landlord Will Sue Me

    okay thank you very much for your help!

    hopefully this goes well..

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