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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Roommate Gone, Left His Things, Been 4 Months. Can I Get Back Rent

    My question involves a roommate in the State of: CA
    hello, sorry if this all seems redundant but each situation is a little different.

    There were Two of us on the one year lease. We both signed. My housemate moves out in the middle of the day. He takes only the things he wants and leaves a lot of personal crap behind. Basically abandons home. I continue to pay full rent. I also made him drop off his key, which he did willingly without taking his stuff. So my questions are::

    1. Can I sue in small claims for the other half of the rent for the months that he has been gone? The lease ends soon and I will move to a smaller place.

    2. He wants to come get his stuff. I told him only after he pays rent. He only has a bed and some dishes. Nothing worth the $6000 in rent he owes. He is threatening to come over with the cops to collect his possessions. Can he do this?

    This is not a relationship related ordeal.

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

    Default Re: Roommate Gone, Left His Things, Been 4 Months. Can I Get Back Rent

    You can try to collect rent. I don't know if he has a viable argument that you didn't mitigate your damages given that it would be difficult to find a replacement tenant if he left his stuff, but he may try that argument.

    You don't have any right to hold his personal property.

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