Q: Asked roommate signed paperwork to have her removed from the lease, though now is refusing to pay for last month.
There was a situation involving my partner where he could have died, I’m overseas and only received a text message saying something was wrong. He has a back injury and is waiting for surgery, this day he was having a 10 out of 10 pain causing him to yell and scream as a result from the pain. Our roommate was home and then left shortly afterwards leaving him alone in pain for 30 minutes before help arrived. Thankfully a neighbor called the ambulance and he’s okay now. Had they not come when they did he would have had a heart attack due to heart rate. Given the seriousness of this I asked the roommate to move out. We are all on the lease together and rent was due on the 1st. They only paid a small amount and said they would pay the rest prior to my partner’s hospitalization. They have signed the roommate release agreement as of the 4th and are refusing to pay the rest of the rent they owe. Am I able to take this case to small claims and get the amount owed to me?
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A:
Yes, you can take this case to small claims court in California to recover the unpaid rent. Your former roommate has a legal obligation to pay their portion of the rent for the time they were on the lease, regardless of signing the roommate release agreement after the rent was due.
Keep all documentation of your communications, including text messages, emails, and the signed roommate release agreement. Also gather proof of previous rent payments and any agreements about payment schedules. The fact that the rent was due on the 1st and they signed the release on the 4th strengthens your case, as they were still legally responsible for their share of the rent for that month.
In California small claims court, you can sue for up to $12,500. You'll need to file your case in the county where your rental property is located or where your former roommate lives. The filing fee is relatively low, and the process is designed to be straightforward for people representing themselves. Make sure to calculate the exact amount owed, including their portion of any shared utilities if applicable, and be prepared to explain the timeline of events clearly to the judge.
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