Can I sue if I rented a room out to a roommatewho didn’t pay the deposit and has violated the roommate agreement?

I have a room mate agreement that my roommate violated by not paying the deposit and skipping out by not finding a replacement roommate for the remaining lease. The agreement clearly states they are responsible for finding a new room mate and if they do not find a replacement roommate, then they are responsible for their share of the remaining lease.

Asked on December 14, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a roommate agreement that your former roommate breached, you seeminlgy have a factual basis for bringing a lawsuit against him or her for any damages that you may have incurred. I would write the former roommate a demand letter setting forth a stated time period for payment. Keep a copy of the demand letter for future use and need. If there is no response to the demand letter by the stated date, your recourse would be to file a legal action against him or her.

In the interim, I would be diligently looking to find a replacement roommate to mitigate any damages that you may have as a result of the absence of the roommate that you have written about paying his or her share of the rental.


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