Can I sue my roommate for not giving me a 30 day notice even if she’s not on the lease?

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Can I sue my roommate for not giving me a 30 day notice even if she’s not on the lease?

My roommate moved into my apartment when my ex left about 1 year ago. Recently we had a fight and she is moving out. Rent is due on the 1st and she is leaving on the 30th. The problem is that I live in low income housing. Can I still sue her for damages to the apartment and the rent for next month?

Asked on June 29, 2011 under Real Estate Law, California

Answers:

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

Answered 10 years ago | Contributor

Before you do anything I would double check that your sub-leasing the room to someone - anyone - does not violate your lease agreement on the apartment.  If it does - and I really think that it might - then you will be opening up a can of worms that may result in your getting kicked out.  So tread very carefully on this water here.  Now, i am assuming that this was an oral lease agreement, correct?  And that you are stating that you want the 30 day notice that you think that you are entitled to.  Again, technically a landlord is entitled to notice in that fashion and to sue for damages that go above normal wear and tear.  But you need to think this through.  Good luck.


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