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    Aug 2016
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    Default Can a Roommate Demand Rent if They Unreasonably Prevent a Replacement Roommate

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

    I signed a lease in a non-rent controlled building in San Francisco with another person I met on Craigslist. His wife lives in his room but she is not on the lease. Our lease states we are both liable for rent of $ X / month. We separately signed a Co-Tenancy Agreement outlining that each of each is responsible for 1/2 of X rent each month. I have been living there for 3 months now and want to move out as I rushed into it and do not like living there. I understand this doesn't make me look good. The landlord said he doesn't mind me finding a replacement to takeover my portion of the lease.

    The roommates however were uncivil and threatened that they will be super picky, saying that it could take up to 30 showings, and they would not be willing to share the living space and kitchen with a new tenant. They also refused to meet a potential roommate because she was Indian and another potential because they didn't like he worked a night shift and slept during the day. They also threatened to sue me for the my portion of the rent till for the remainder of the lease. The amount would be higher than the Small Claims maximum amount. My questions are, what are my options to mitigate the risk of a lawsuit if they are being unreasonable and unwilling to accept another roommate? Is it worth going to a full Civil Court over rent or would they just go to Small Claims?

    I know I am liable for the rent but would hope that there are options when they are being so inflexible while the Landlord id flexible. Isn't there a duty to mitigate losses in good faith? Is it just on the Landlord or would it also fall on my co-tenant since we are technically in a 3-way contract?

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