Legal Question in Landlord & Tenant Law in California

Hi,

Three tenants including me, moved into a home (July 1st) after signing one year lease agreement.

Before we signed agreement, we agreed on rent sharing. Myself and another tenant, Jeff

paid our share of rent & deposit by cashier's check. The third tenant Issac paid his share by personal check which bounced.

During the move Jeff & Issac had a fight. Issac said he stopped the payment on check because Jeff is dominating the home and thinks that the rent sharing agreement is not fair.

On July 25th, property manager, Wanda, served us "pay rent in 3 days or Quit" notice. Issac has no intention of paying his share of rent & deposit. We are sure to get a eviction notice in a day or two.

I paid my share of rent & deposit on time. In response to eviction notice, what form should I file in the court to present my side? and what should I state in the form?

Thank you for your help!

- Hemant.


Asked on 7/27/11, 2:00 pm

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Unless the landlord agreed to accept a partial payment from each of you, the landlord is entitled to all the rent, regardless of who pays it. You are right to expect an eviction, under the circumstances.

While you would likely have little chance of prevailing in the eviction action, you may have a separate action against your roommate(s) for breaching their separate rent-sharing agreement with you.

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Answered on 8/02/11, 1:40 pm


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