Can I Sue My Roommate for Breaking Lease Agreement?

Living with a roommate can be difficult at times, especially if your roommate decides to break the lease agreement against your wishes. Your landlord will expect you to pay the full amount on time regardless if you’re able to find a new roommate.

In this article, we’re taking a closer look at a question we hear from our visitors a lot – can I sue my roommate for breaking lease agreement?

Can I Sue My Roommate for Breaking Lease Agreement?

When two roommates live together, they enter an agreement to be equally liable for the unit and all costs associated with tenancy. Problems sometimes arise when one roommate somehow breaks the lease agreement, either by moving out early, refusing to pay the rent, or causing significant damage to the unit.

Because of the way the law views tenants as equally liable, the remaining roommate must step up and shoulder the load. This can quickly become expensive, but refusing to do so does give the landlord the right to evict both individuals.

If you are the “good” roommate in a situation like this, you might be wondering if you can sue your roommate for breaking the lease agreement. The answer is yes – but only if you can prove certain facts.

So, let’s take a closer look at the question … can I sue my roommate for breaking lease agreement?

Can You Prove Liability?

Liability (also known as fault) can be a sticky thing. Essentially, you need to be able show proof – usually some kind of paper trail – that the person living with you was, in fact, responsible for sharing the costs incurred by the tenancy. This will be easy if you are both on the lease and/or rental agreement; both are definitive proof.

But what if your roommate was simply living with you without being on the lease? You might be able to prove their liability with other forms of proof.

These include:

• Proof the roommate was paying you a monthly stipend for rent every single month. For example, copies of void rent checks, proof of bank transfers, or even rent receipts.
• Proof the roommate had utilities at the address listed in their name. For example, a copy of a telephone bill, power bill, or water bill. This must be in the delinquent roommate’s name in order to qualify.
• A copy of the sublease, if you were subletting. A sublease is just as definitive as a regular lease in this regard. It must, however, meet all guidelines for tenancy under California law in order to be considered valid.
• A personal contract for co-tenancy. If you signed a simple written agreement with your roommate before they moved in, this may be enough to prove they were, in fact, a tenant. However, it is less reliable than other options.
• Personal witnesses. If your landlord, friends, or family are willing to stand up and attest to the fact that your roommate shared responsibility for the unit, this may help your case. However, this, too, is unreliable compared to a lease.

Note that in California, tenants who are not on an official lease are considered periodic tenants. You need only live at a residence for a certain period of time for this type of tenancy to be considered legal. If you aren’t sure whether it applies to you, speak with a lawyer for confirmation.

Can You Prove You Suffered a Loss?

You generally cannot sue someone in civil court unless you experience some type of loss – usually financial. The civil court is designed to award compensation for “damages” (another word for loss). if you aren’t directly affected, you may not have enough evidence to prove your case.

• Example 1: Your delinquent roommate gives you a bad check for the rent and then skips town. You are forced to pay the full rent as a result. In this instance, you lost money paying the full share of the rent. The bad check itself serves as proof of the other party’s negligence and proof of your loss.
• Example 2: You live in a six-bedroom boarding house with six other roommates. However, each is on their own individual lease. The sixth person moves out without warning and cannot pay the rent. You cannot sue the individual in this situation because it was the landlord who experienced the loss, not you.

Proving loss can be very difficult in a situation where two parties share liability. Your roommate might deny responsibility or try to argue that you caused them to experience losses instead. For this reason, you should have a lawyer assist you with preparing your case – even if you aren’t represented in court.

Can You Prove You Tried to Resolve It?

Civil court is intended to be a “last resort” when all other measures have been exhausted. 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.g., unpaid rent). 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. It’s up to you to decide whether to say yes. Just be aware that the longer they don’t pay, the harder it usually is to seek resolution.

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.

Next Steps

So, can I sue my roommate for breaking lease agreement?

Yes.

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. If they don’t agree to resolve the issue prior to your court date, you will both have the opportunity to plead your case in front of the judge.