If my roommate old me that she can no longer pay rent and that she is filing bankruptcy. am I now responsible for the entire rent?

The roommate is on the lease. We still have 3 months left on the lease. She cannot afford to break the lease. Can I take her to small claims court for her half of the rent?

Asked on August 20, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you end up paying for the entire rent of the unit you have because your other roommate is no longer paying her share, then you can pay the entire amount due the landlord and then sue the roommate for her half that you have paid in small claims court. The problem is that if she files for bankruptcy protection then you are "stayed" from bringing any action in state court against her.


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