Legal Question in Civil Litigation in California

In 2008 I helped a friend get an apartment by signing a lease as a co-resident; originally I was supposed to sign as a Co-signer but i was unable to do so. I never took up residence in the apartment the lease had 3 names on it and only 2 people stayed in it. The agreement that I had with my friend was that she would pay the rent on time and honor the lease agreement signed by all three parties. My friend decided to leave after about 4 months, breaking the lease agreement. I maintained my own residence during the time that my friend lived in the apartment and after she left it. My friend informed me that she was going to pay whatever was due to clear the open account with the apartment complex.

Now in 2011 I received a notice from a lawyer asking for lost rent payment for 3 months in the amount of $3016 or the bill will go to collections and count against my credit. The lawyer agrees to allow me to pay 1/3 of the bill to clear my name from the collection notice. My question is: If I take my friend to court to collect the money I had to pay for a lease agreement she broke do I have a chance of winning? And if I do have a case what should I bring to court to support my case.

Thank you


Asked on 4/06/11, 10:34 am

1 Answer from Attorneys

The legal term for the case you have is "express indemnity." You agreed to become liable to the landlord as a co-resident on the lease, based on your friend's express promise to pay all the money due under the lease. If you have to pay anything on her behalf under the lease, you are entitled to reimbursement. What you will need to bring is proof of the money you paid, to whom and what for, and then proof that your friend agreed to pay for everything.

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Answered on 4/06/11, 11:52 am


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