what to do if roommate left without paying
Living with a roommate tin be hard at times, especially if your roommate decides to intermission the lease agreement against your wishes. Your landlord volition await you to pay the full corporeality on fourth dimension regardless if you're able to find a new roommate.
In this article, we're taking a closer look at a question we hear from our visitors a lot – tin can I sue my roommate for breaking lease agreement?
Can I Sue My Roommate for Breaking Lease Understanding?
When two roommates live together, they enter an agreement to be every bit liable for the unit and all costs associated with tenancy. Problems sometimes arise when ane roommate somehow breaks the lease understanding, either by moving out early, refusing to pay the rent, or causing pregnant damage to the unit.
Because of the way the law views tenants as equally liable, the remaining roommate must pace up and shoulder the load. This tin can rapidly become expensive, merely refusing to do then does give the landlord the right to evict both individuals.
If you are the "skilful" roommate in a situation like this, you might be wondering if you lot tin sue your roommate for breaking the lease agreement. The answer is aye – simply only if you tin can prove sure facts.
So, allow's take a closer look at the question … can I sue my roommate for breaking lease understanding?
Can You Show Liability?
Liability (also known equally fault) tin can be a viscous matter. Essentially, you need to be able evidence proof – usually some kind of paper trail – that the person living with you was, in fact, responsible for sharing the costs incurred by the tenancy. This will exist easy if you are both on the lease and/or rental understanding; both are definitive proof.
Merely what if your roommate was merely living with you without existence on the lease? You might be able to prove their liability with other forms of proof.
These include:
- Proof the roommate was paying y'all a monthly stipend for rent every single month. For example, copies of void rent checks, proof of bank transfers, or fifty-fifty rent receipts.
- Proof the roommate had utilities at the accost listed in their name. For example, a copy of a telephone bill, ability pecker, or water bill. This must be in the runaway roommate'south proper name in club to qualify.
- A copy of the sublease, if you were subletting. A sublease is just as definitive as a regular charter in this regard. It must, however, encounter all guidelines for tenancy under California law in order to be considered valid.
- A personal contract for co-tenancy. If you signed a unproblematic written agreement with your roommate before they moved in, this may be enough to bear witness they were, in fact, a tenant. Yet, it is less reliable than other options.
- Personal witnesses. If your landlord, friends, or family are willing to stand up and attest to the fact that your roommate shared responsibleness for the unit of measurement, this may help your case. Nevertheless, this, too, is unreliable compared to a lease.
Note that in California, tenants who are not on an official lease are considered periodic tenants. Yous demand only live at a residence for a certain period of time for this type of tenancy to exist considered legal. If you aren't certain whether it applies to you lot, speak with a lawyer for confirmation.
Tin can You Prove Yous Suffered a Loss?
You by and large cannot sue someone in civil court unless you lot feel some blazon of loss – usually financial. The ceremonious court is designed to accolade compensation for "amercement" (another discussion for loss). if you aren't directly affected, you may not have enough testify to prove your case.
- Example ane: Your delinquent roommate gives y'all a bad check for the rent and then skips town. You are forced to pay the total rent as a effect. In this instance, y'all lost money paying the full share of the rent. The bad bank check itself serves as proof of the other party's negligence and proof of your loss.
- Example 2: Y'all live in a half-dozen-bedroom boarding firm with half dozen other roommates. However, each is on their own private lease. The sixth person moves out without warning and cannot pay the rent. You cannot sue the individual in this situation because it was the landlord who experienced the loss, not you.
Proving loss can be very hard in a situation where ii parties share liability. Your roommate might deny responsibility or attempt to contend that yous caused them to experience losses instead. For this reason, you lot should take a lawyer assist you with preparing your example – even if you aren't represented in courtroom.
Tin can You Prove You Tried to Resolve It?
Civil court is intended to exist a "last resort" when all other measures accept been exhausted. Sometimes, information technology is better to only attempt to work the issue out with the delinquent roommate instead of filing a case. Plus, fifty-fifty if they pass up, you lot can show the courts that you attempted to take other measures before filing your example.
Send your roommate a written request for compensation (e.1000., unpaid rent). Permit a reasonable amount of time (betwixt 14 and 30 days) to pay. Take a witness sign information technology earlier you ship it, where possible – this helps ostend legitimacy. Be sure to indicate your intention to sue if the issue is not resolved by the end of the deadline.
Your roommate may ask for more than fourth dimension to pay. Or, they may request payment arrangements. It's up to you to make up one's mind whether to say yes. Just be enlightened that the longer they don't pay, the harder information technology usually is to seek resolution.
Keep copies of whatever and all correspondence betwixt yous, whether they occur by postal service, on social media, or fifty-fifty via email. They may assist you bear witness your case.
Next Steps
So, tin I sue my roommate for breaking charter understanding?
Yep.
If you suspect you have a instance, schedule a free consultation with a lawyer. He or she can assistance y'all review the testify and make up one's mind if suing is in your best interests. Non every example is ideal for civil court – this is true even if the evidence is extremely clear. For case, suing for very small amounts may get out y'all paying more to file the lawsuit than y'all would fifty-fifty exist awarded past the courts.
To file the lawsuit itself, contact an chaser referral service or the Los Angeles County Clerk and ask for ceremonious courtroom forms. Fill these out as clearly and as thoroughly every bit you lot mayhap tin. Return them to the clerk for processing. He or she volition then set a date for you to return to courtroom.
After you lot file, you must follow service of procedure to notify the other party of your intention to sue. He or she then has a short period of time in which to respond, pay the amount, or inquire to settle. If they don't agree to resolve the issue prior to your court date, yous will both take the opportunity to plead your instance in front of the judge.
Source: https://sfvbareferral.com/can-i-sue-my-roommate-for-breaking-lease-agreement/