If I couldn’t pay rent so I moved out 4 months into my 12 month lease agreement, do I have a chance in court if my roommates are suing me?

UPDATED: May 23, 2012

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If I couldn’t pay rent so I moved out 4 months into my 12 month lease agreement, do I have a chance in court if my roommates are suing me?

Rent became too much and I couldn’t foresee the fact that I would be unable to pay it. I gave as many payments as I could but when I knew that moving out would be the only solution, I gave my roommates a fair notice that I would be unable to live there. I continued to make payments for 2 more months and then I began to move out my belongings. I couldn’t find someone to lease my room to, so my roommates were paying for my share of the rent. They are now suing me for the unpaid rent, utilities, and future rent, even though I didn’t live there for most of the 12 months. What can I do?

Asked on May 23, 2012 under Real Estate Law, California


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

If your name was on the lease agreement, and that agreement was for a 12 month rental agreement, then you are contractually responsible for the remaining eight months of rent due, and even any unpaid rents for the previous four months. If there were no lease agreement, or your name is not on the contract and you were not a party to the lease contract, then no contractual liability exists to be sued.

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