Roommate Moved Out and Did Not Pay Last Month's Rent

[Alicia1984]

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

I acquired a roommate in Sept 2012. My name is the only one on the lease which is now month to month. When this roommate moved in, we had a written and signed agreement that rent shall be paid to the landlord by the 25th of the month previous in order to be received by the 1st of the month due and that if rent was received late, the landlord would exercise a late payment fee. Also in this agreement was the security deposit agreement that stated it was fully refundable so as long as a 30 day notice to vacate was received, there was no damage to the apartment and the apartment was cleaned and returned in the same condition as it was moved in. Furthermore, the security deposit could never be used as rent. I forwarded her information to the landlord and she paid him her rent directly and I paid him my portion directly. We both agreed to move out and to give the landlord a proper 30 day notice. She moved out on day 15. I just found out that the landlord did not receive her rent for the last month. She moved to AZ. There is a possibility that she skipped more than 1 month of rent
My questions are:

1) Am I responsible for her rent
2) Do I use the 1 month security deposit to pay the landlord

Thanks.

[gail in georgia]

1). Yes

2). Have you received your security deposit yet? I'd guess not since it appears that rent on the unit is still owed.

You could (if you ever find your former roommate) sue her for her rent that you are now responsible for.

Gail

[Alicia1984]

I have her security deposit in an account that I don't touch. The landlord has mine. She and I have a written agreement that she would pay the landlord directly and her payment history reflects that. We also have a written/signed agreement for her 1 month security deposit that it is fully refundable so as long as proper 30 day notice to vacate is honored, the space that she occupied is cleaned and returned in the same condition as when she first moved in and that it could never be used as rent. Our written/signed agreement states that she would pay the landlord directly and if rent is received late by him, that he will exercise a late fee. So, if I find her and she lives in AZ and I'm moving to NM, how would I go about suing her? Thanks!

[gail in georgia]

The stipulation that the security deposit cannot be used as rent is on the part of this TENANT who has now skipped out paying her last month of owed rent. A security deposit CAN be used to cover damages such as owed rent (as well as late fees). Confirm with the landlord that the tenant has not paid her last month of rent and use the security deposit for this; documenting what it is being used for and notifying the former roommate of this as required by the time frame for your state (this is important).

This would be FAR easier than you attempting to sue her long distance.

Make certain the rental unit is clean and undamaged when you move out so you get your security deposit back.

Surely someone who skips out paying her last month of rent cannot expect her security deposit back.

Gail

[Alicia1984]

In the end we found that the bookkeeper did his research wrong. She did pay her last month's rent. All worked out.. Thanks for answering.