how do i get money from a roommate that has not paid this months rent

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how do i get money from a roommate that has not paid this months rent

one of my roommates that i am on a 1 year lease with has not paid her rent or bills for this months so the other people in the house had to cover her. what rights do we have and how should we go about getting the money that she owes us. if she doesn’t get her stuff after 30 days can we sell it to pay for her portion of the rent?

Asked on June 5, 2009 under Real Estate Law, California

Answers:

E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In the case with your name on the lease, and you are serving as the "landlord" to your roommmate, it would allow you to evict this roommate.  However, it seems that this is not the case, and that this roommate is on the lease with all the other roommates.

If this is the case, it is problematic in that you all owe the landlord for the rent, no matter who pays or who does not pay.  For example, if you lose a roommate, the remaining tenants would have to cover that difference.

At this point, your options are to speak to the landlord to see if they would be willing to work something out. Or consider taking the roommate to small claims court, if the claim is $7,500?

Here is additional information on small claims:

http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm

If needed, you can always consult with an attorney at:

http://attorneypages.com/580CA/index.htm

 


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