Is there anything that I can do if I’m being sued for back rent for an apartment thatI have lived in formonths?

I’m getting sued because my former roommate stopped paying his rent and my name was never removed from the lease. I moved out 9 months ago and were getting sued for part of the month before last and all of last month. Can he take full responsibility for this being that he’s getting evicted, not me?

Asked on November 6, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are getting sued as a result of your former roommate not paying his rent under a written lease where your name was never removed, possibly you are still responsible for the lease and moneys owed to your former landlord under it.

What you shoud do is file a cross complaint against your former roommate with respect to his failure to make payments under the lease for the unit he is occupying. The rationale is that if you are responsible under the lease to the landlord for moneys owed, your former roommate should be responsible to you.

You should consider consulting with landlord tenant attorney about your situation. Good luck.

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