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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Can My Roommate Sue Me For Moving Out

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

    Hi I moved in with a friend and her friends last year in June, I am not on the lease but have been paying rent and utilities there. 2 people are only on the lease but 5 of us are splitting the rent. This past January I started staying with some school friends instead of staying at that apartment. I have not slept there or stayed there for any nights since January 4th due to personal reasons. I had left all my belongings and clothes there. Recently my "friend roommate" that had shared the room with me took all her stuff and moved out but agreed to pay rent. I went back to the apartment yesterday for the first time to find the room cleaned up with half my stuff missing and certain things thrown out. When I asked the two sisters that lived there what happened they said my friend that moved out and took my stuff and they thought I wouldn't come back so they sorted everything out and was going to take things to good will. The thing is a lot of my stuff they claimed they didn't have and my "friend" took turned out to be found in their room. I took all thats mine with me but 4 important dresses are missing and I told them to give it back by friday. I don't want to live there anymore so can I just leave them to pay rent on their own since they tampered with my stuff and I am giving them 30 days notice and IM NOT ON THE LEASE! The lease ends in June and the room is empty, if I just part ways and tell them I'm not paying rent no longer can they sue me?

    rent is due on April 1st but my dresses are missing that they have which would cost more than the rent money of $219. Can I tell them I'm not paying till I get my stuff back. They even threw out furniture of mine and went through all my stuff without email voicemail or text telling me they are doing that!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can My Roommate Sue Me For Moving Out

    If you were paying rent and your stuff was in your room, they had no business messing with your stuff. You can sue them in small claims court for the value of anything that they lost, gave away, destroyed, or will not return.

    When you moved in you either agreed to stay there for the full year or you did not. If you did, then you agreed to stay for a year. If you did not, then you're a month-to-month tenant and can terminate your tenancy upon proper notice before the year ends. You are liable for rent through the conclusion of your tenancy.

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