San Jose, CA asked in Landlord - Tenant for California

Q: How to deal with flatmate who is not willing to pay rent?

I had a dispute with my flatmate over which he has decided to move out, before the end of the lease. And he is not willing to pay rent also. What should I do in this case, as rent is due in 2 days and it will be difficult for me to find a new tenant in such a short period of time ?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand that you are in a difficult situation. Here are some things you can do:

1. Talk to your flatmate. Try to understand why he is not willing to pay rent. Is he having financial difficulties? Is he simply trying to get out of his lease? Once you understand the reason, you can start to negotiate a solution.

2. Check your lease agreement. Your lease agreement may have a clause that covers this situation. If so, it may specify what steps you can take, such as suing your flatmate for the rent he owes.

3. Contact your landlord. Let your landlord know about the situation. He may be able to help you find a new tenant or take legal action against your flatmate.

4. Consider subletting. If you can find a subletter, you can collect rent from them until the end of your lease. This will help you cover your expenses.

5. Be prepared to move out. If you cannot find a solution, you may have to move out of your apartment. This is a last resort, but it may be necessary if you cannot afford to pay the rent on your own.

It is important to remember that you are not alone in this situation. Many people have had to deal with difficult flatmates. There are resources available to help you, such as your landlord, legal aid, and tenant organizations.

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