Your roommate might deny responsibility or try to argue that you caused them to experience losses instead. Sometimes, it is better to simply try to work the issue out with the delinquent roommate instead of filing a case. Plus, even if they refuse, you can show the courts that you attempted to take other measures before filing your case. Send your roommate a written request for compensation e. Allow a reasonable amount of time between 14 and 30 days to pay.
Have a witness sign it before you send it, where possible — this helps confirm legitimacy. Be sure to indicate your intention to sue if the issue is not resolved by the end of the deadline.
Your roommate may ask for more time to pay. Or, they may request payment arrangements. Keep copies of any and all correspondence between you, whether they occur by mail, on social media, or even via email. They may help you prove your case.
If you suspect you have a case, schedule a free consultation with a lawyer. He or she can help you review the evidence and determine if suing is in your best interests. Not every case is ideal for civil court — this is true even if the evidence is extremely clear. For example, suing for very small amounts may leave you paying more to file the lawsuit than you would even be awarded by the courts.
To file the lawsuit itself, contact an attorney referral service or the Los Angeles County Clerk and ask for civil court forms. Fill these out as clearly and as thoroughly as you possibly can. Return them to the clerk for processing. He or she will then set a date for you to return to court. After you file, you must follow service of process to notify the other party of your intention to sue.
He or she then has a short period of time in which to respond, pay the amount, or ask to settle. For Attorneys. Necessary cookies are absolutely essential for the website to function properly. A sublease or assignment agreement will likely state the exact amount of rent your roommate was responsible for.
Roommate agreement. If your roommate didn't sign the lease or rental agreement, hopefully you put any agreement to share rent in writing. Alternatively, even if you are cotenants under a lease or rental agreement, you might have agreed to share rent in another writing, such as a formal contract or an email. Send Your Roommate a Written Request for the Unpaid Rent Assuming you've already asked your roommate for the back rent with no results , or tried unsuccessfully to work out a compromise , you should send a written letter what's known as a demand letter requesting the rent money.
Preparing to Sue Most of the time, the best venue for filing a lawsuit against a roommate is your local small claims court. Your Court Date If you decide to file a small claims suit, you'll be given a court date on which the judge will hear your case and likely make a decision. The key to winning your court case is providing the court with tangible proof that: You and your roommate had a rent-sharing agreement.
As discussed above, a written agreement is best, but a court will consider oral testimony and other forms of evidence, such as a landlord's testimony about receiving rent or a friend's testimony about hearing you discuss a rent agreement with your roommate. Your roommate broke the agreement. You can present a copy of your demand letter to your roommate, as well as email or other correspondence relating to the missing rent.
You suffered a financial loss because your roommate broke the agreement. Canceled checks or electronic receipts of the rent you paid on your roommate's behalf can demonstrate your out-of-pocket losses, as can a written statement or testimony from your landlord. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code.
How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Free Legal Information. Managing Your Landlord Business. Rental Property Maintenance.
Landlord's Right to Enter. Collecting and Returning Security Deposits. Landlord Liability Issues. Evicting a Tenant or Ending a Lease.
Renting a House or Apartment. Repairs and Maintenance. Tenant Rights to Privacy and Safety. People who are living together who are not romantically involved generally draft a roommate agreement instead. A roommate agreement is separate from a lease.
It is a contract that is made between two or more people who reside in the same rental unit. Some examples of items that a roommate agreement should generally contain include, but may not be limited to:. You may not need to put a roommate agreement in writing if it is possible that the agreement will last for less than one year. An example of this would be if the rental is on a month-to-month basis, or if it will only last for an academic year. However, it is advised that you have your roommate agreement in writing, as oral contacts are easily misinterpreted or forgotten.
Additionally, some states will not recognize oral contracts as being legally binding or enforceable. It is better for all roommates to have their own signed copies of the roommate agreement to ensure adherence as well as to reduce the likelihood of future disputes.
In order to avoid serious and repeated violations of a roommate agreement, you should include possible penalties. These penalties may range from a fine to requiring the roommate to move out.
It is important that all affected roommates contribute to this conversation and agree to the proposed penalties before committing them to writing and enforcement. Unfortunately, the only way to enforce this may be by threatening to sue the roommate for their remaining share of the rent. However, if a roommate is not named on the lease, the named roommate may be held responsible for the full rent that is owed to the landlord.
You may have many reasons to sue your roommate; however, whether or not you can depends on the state in which you live. Generally speaking, yes, you can sue your roommate if they break the lease. You will need to first review your lease in order to determine whether it contains any provisions regarding potential penalties for breaking the lease.
Filing a civil lawsuit against your roommate will likely be most successful in a local small claims court. Each state has its own limits for small claims; however, if the amount you are owed exceeds this limit, you may wish to consult an attorney instead.
If your roommate attempts to leave you holding the bag, you should check your lease agreement to determine if there is a provision that lets you end the lease early by paying an extra fee. Should you decide to do so, you will no longer be responsible for the lease; however, you must find another place to live. Joint tenants cannot be evicted by their fellow tenants. This is due to the fact that their contract is with the landlord, and not with each other.
Subtenant eviction differs by state.
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