Los Angeles, CA asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for California

Q: Can my roommate sue me if I pack up and leave and refuse to pay rent?

My roommate for the past 3.5 months has been harassing me, and refuses to release me from the lease. She stands outside my room when I am home, pushes my door open, enters my room without permission when I am away ( I have footage), tells me I can no longer use her furniture (couch, table, trash can, tv...everything) then proceeds to stick the chair that "I cannot touch" in front of my door, and a lot more. I talked to the leasing office, and the guy suggested that I should just pack up and leave. That will either get her to sign and release me so she can sign someone else on, or evict. Considering her mom is also signed on the lease I doubt she will evict because it will impact our credit. She said that the only way I can move out is to move everything of mine out, and still pay 2/3 of my rent. If I just pack up and leave, could she legally sue me? (I will also be working on a restraining order to bring to the office so they can take me off without her consent. May be a month or so)

1 Lawyer Answer
William Earl Winfield
William Earl Winfield
  • Foreclosure Defense Lawyer
  • Ventura, CA
  • Licensed in California

A: Yes, your roommate (co-signer on the lease) could sue you for breaching your obligations under the lease. You would have a defense that your co-signer made it impossible for you to stay. You might win. Whoever wins may recover attorney's fees. It would be in everyone's best interest to make a compromise. Agree to pay some rent in exchange for an early release. Otherwise both sides are taking chances of litigation which either side could lose.

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