If I’m not on the lease and I paid my roommate my portion of the rent, since they are 4 months behind on the rent, am I entitled to receive my my money back from them?

They took my portion and never gave it to the landlord. Now we are in the process of eviction.

Asked on January 22, 2013 under Real Estate Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are included in the eviction action, file an answer and counter-suit against your roommates for the return of the rent they did not forward on to the landlord. 

If you are not included in the eviction, then you can file your own suit for conversion or breach of fiduciary duty since they took the money but did not forward it to pay the rent-- which resulted in you being evicted as well.

Getting a judgment is usually the easy part-- considering that they are not paying the landlord, they may not pay you without court action.  If you do get a judgment, consider hiring an attorney that specializes in collections to help you get your money back.


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