Palm Springs, CA asked in Contracts and Real Estate Law for California

Q: If I have a roommate leaving am I responsible for finding a new roommate? I moved in after the current roommate.

If I have a roommate leaving, am I responsible for finding a new roommate for the landlord? I moved in after the current roommate.

Also, can they force me to pay for the other roommates cost once they leave? Or am I only legally allowed to pay for my agreed share?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: What you are responsible for is seeing that 100% of the rent gets paid. If you have a roommate that pays part, that is good, but this does not mean that the LL is obligated to find you a replacement if that RM leaves. The roommate benefits you, not the LL. So if the roommate moves out, you are now responsible to pay 100% of the rent, with or without help. The other problem is that you may not be on the rental agreement/lease, and the LL could evict you when the tenant on the lease leaves, or ask you to sign a new rental agreement, which is most likely. This will clearly make you responsible for 100%. If you are not on the lease and the lessee leaves you are essentially a squatter and can be evicted as a trespasser if the LL wants to get tough. I would tell you to seek help from a tenant attorney but what you really need is a new roommate.

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