San Diego, CA asked in Contracts, Civil Rights and Landlord - Tenant for California

Q: I'm on a month-to-month joint lease and need to find out how I can evict a roommate that has not paid rent in 3 months.

I've already filed for small claims, but the courts are currently closed. I need to know what I can do to protect myself financially and what I can do to get the current roommate to leave as I am still obligated by contract to cover their part of the rent.

1 Lawyer Answer
Donald M Barker
Donald M Barker
  • Landlord Tenant Lawyer
  • Costa Mesa, CA
  • Licensed in California

A: You are in a sticking situation. If you both are on the lease as co-tenants, only the Landlord can evict non-paying renter. PLUS: Depending on city/county you're rental is located, there are newly-placed holds on all eviction proceedings, for at least 60 to 90 days, due to Corona V.

Contact your landlord. Explain situation. Try to make a deal that you'll pay your share and seek new roomate, as soon as current non-paying roommate leaves or is evicted. In return, Landlord will not evict you or seek to hold you liable for non-paying roommate.

Note: You are jointly liable for the rent, along with all other named tenants. Hence, your Landlord can evict both of you and seek damages from both of you--Even if you pay your share.

Louis George Fazzi agrees with this answer

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