Asked in Landlord - Tenant for California

Q: Who is responsible for rent when the rent money is stolen?

I share a house with 4 other people. Essentially, we rent rooms and share a common space. One person in the house handles all the rent payments to the landlord. I rarely see my roommates, as my life is very different from theirs. As a result, when rent and bills came due I was unsure when I would see the roommate who handles the rent payments. So, I foolishly left the rent money in his room in an envelope stating who the rent money was from. The next day, my roommate claims that when he returned home (drunk) the night I left the money in his room, the envelope was empty. According to him, his girlfriend was the only one to enter the room before him and also claims the envelope was empty. (Personally, there is little doubt in my mind that she stole the money, though I cannot prove it.) My question is, since the roommate was expecting the money within a day or so and I left itin his own room, which he does not share with anyone else, who is responsible for this portion of the rent?

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Ultimately, it is you. If the landlord doesn't get his rent, then he'll evict all of you. If you indeed can't prove that the girlfriend stole the rent, then you're basically stuck and it'll be your word against hers. It is your burden of proof so you'll lose if the evidence is equal.

I assume you left the rent in cash. Paying rent by check is much better as it reduces the chance of this problem.

Andy

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