Can I sue my former roommate? And WIN?

Question

I Live In California.

A few days before rent was due this month, I came to find out that one of my roommates decided to move out without telling me. He provided no 30 day notice or anything of the sort. I was able to track him down and he agreed to pay me for all the utilites, but not for this months rent..which I had to cover out of my own pocket.

My concern, is that I never had him sign a lease to the landlord and that "subleasing" is not allowed on top of that.

If I do pursure him in court, what are my chances of winning? Should I just bite the bullet?

Answer 1

You were illegally collecting rent, probuly not reporting it to the IRS as well, and you want to sue for him breaking an illegal contract?

You had no lease, no legal right to a lease, you can't sue for him breaking an illegal agreement.

Answer 2

Well since subleasing is not allowed I'd say you would not only not win, but run a risk of getting evicted/sued yourself!

Answer 3

You can try small claims court,but if it's not very much you're better off biting the bullet. No one can tell you if you can win or not,it would depend on the Judge.

Answer 4

I think you should just drop it.  You could sue him in small claims court and hope he doesnt show up.  Then you would have a judgement.  If you can prove he has been living there with receipts etc you could prove that it was a sublease (doesnt matter what your lease says, according to law but as the other poster said if you use that they can evict you as well).  You are on an uphill battle with a very slick slope.

I think you could win in court, if you can show a payment pattern.  But it might set you back.  I dont know.  Proving your case in court might get you kicked out of where you live and paying damages to them.

I dont agree with either of the first posters but I agree with them more then I dont.  They both have points.  So I gave them both thumbs up.

Here are California Laws.

http://www.dca.ca.gov/publications/landl...

Good luck.