What can I do to get the money that is owed to me by my roommate?

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What can I do to get the money that is owed to me by my roommate?

My sister and I have signed a lease for a house together as co-signers. She told me in the first week of this month that she is giving a 30 day notice to me, not the landlord. Her last day she says is the first of next month. However she has not paid her portion of this month’s rent nor has she paid the utilities for this or last month. I have called and messaged her asking about these items but she does not answer. What can I do? I do not want to be kicked out. I am looking for someone to rent her room but I am worried she won’t pay for her last month. What if I cant find someone by then?

Asked on July 16, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your sister signed the lease with you, she is obligated to pay one half of the monthly rent. However, the landlord will expect the full monthly rent and does not care if you pay all of it or your sister pays all of it.

If you remain in the house and your sister does not pay her one half share, you need to pay all of the rent to your landlord as required under the written lease and then go after your sister for her share that you paid.

The only exception to the above is if the written lease specifically states you paya certain amount of the monthly rent and your sister pays a certain amount of the monthly rent. I suggest you read your lease carefully to see if this is the case. Most likely it is not. If that is true, then your sister needs to reimburse you for her share of the monthly rent and all utilities.

Good luck.

 


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