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  1. #1
    Join Date
    Jan 2005
    Posts
    6

    Default Roommate Dispute

    My roommate turned in his 30 day notice on 12/15/04 and he intends to move out by 1/15/05, but the rent is due on 1/5/05. He refuses to pay his full amount of rent and utilities because he will only be staying for a half a month, hypathetically. I don't know wheather or not he is for sure. I need his full share to pay the rent. Can I take him to small claims court to request for his original share of the rent and utilities?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default

    You can try. Whether or not you succeed depends upon the laws of your state, and the manner in which his status as your roommate was formalized. For example, if he is on the lease, he shares responsibility for the rent as long as the lease remains valid unless your landlord releases him. If he is not on the lease, and you have entered into an informal arrangement with him, his ability to terminate the rent will be governed by state law. Some states will permit termination of a month-to-month tenancy upon a full month's notice, while others require a full rental period's notice (i.e., if rent is due on the first, he would have to give notice on or by the first of a given month in order to terminate the tenancy at the end of that month).

  3. #3
    Join Date
    Jan 2005
    Posts
    6

    Default Roommate Dispute

    I live in San Jose, California. He is convinced he only has to pay half (prorate) of his agreed share of expenses for this month (rent, utilities, etc.). He is on the lease and he filed his 30 day notice on 12/15/04, but the problem is rent is due 1/5/05. He is still in the apartment along with his belongings. He is planning to leave on 1/15/05. Can I request that he pay his full agreed share of expenses for this month in court?

  4. #4
    Join Date
    Jan 2005
    Posts
    6

    Default Roommate Dispute

    I tried asking a copy of my roommate's 30 day notice from the landlord that she has already shown me, but she is unwilling to give me a copy because she says it is her records and my signature is not on it. I am on the lease, along with my roommate. Am I not entitled to it, to show it in court as proof?

  5. #5
    Join Date
    Sep 2004
    Posts
    758

    Default Re: Roommate Dispute

    Quote Quoting Iomega408
    I live in San Jose, California. He is convinced he only has to pay half (prorate) of his agreed share of expenses for this month (rent, utilities, etc.). He is on the lease and he filed his 30 day notice on 12/15/04, but the problem is rent is due 1/5/05. He is still in the apartment along with his belongings. He is planning to leave on 1/15/05. Can I request that he pay his full agreed share of expenses for this month in court?
    You can request it, but again your rights depend upon your lease agreement and local law. You may wish to review the content of the tenants guide offered by the California Department of Consumer Affairs.

    Quote Quoting Iomega408
    I tried asking a copy of my roommate's 30 day notice from the landlord that she has already shown me, but she is unwilling to give me a copy because she says it is her records and my signature is not on it. I am on the lease, along with my roommate. Am I not entitled to it, to show it in court as proof?
    You can typically obtain such items in litigation through whatever discovery is permitted by the court, or by subpoenaeing the witness to bring the document with her to court.

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