How do we get our money back froma roommate not paying their share?

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How do we get our money back froma roommate not paying their share?

I live with 2 other girls. This past week 1 of the girls moved out without telling us. And now its the 4th of the month and we have not heard from her or seen any money for her share of rent from her. Myself and the other roommate who is still active in the lease decided to make up for the 3rd girls share so that we can protect ourselves and paid the rent in full without her help. How do we get our money back from her without going to court?

Asked on October 4, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay so you have a rental agreement with your landlord on which two of you are listed, correct?  And you have sublet the other space in the apartment to two other girls, correct?  Here are my concerns.  First, do you have a valid sublet.  Does your rental contract with your landlord allow you the right to sublet the apartment.  If it does not then the tenancy is illegal from the get go.  That is an obstacle here.  Next, if the sub-tenancy is allowed do you have a written rental agreement or is it an oral lease agreement?  If it is oral then it could be deemed a month to month tenancy so your suit would have to be brought every month until she gives formal notice that she is leaving or you give her formal notice that you are terminating the agreement.  Seek some help here.  Good luck.


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