Legal Question in Landlord & Tenant Law in California

I am taking my roommate to small claims court because she moved out two months shy of the lease being up and refused to pay rent, saying that her deposit should cover those two months. Her deposit didnt; cover that amount and she also owes bills from the month she actually did still live there.

The problem I see is that she did not sign a lease with us, but verbally agreed to stay until the lease we renewed in reliance on her promise, was up. We have some emails and rent checks for proof....How likely is it that the judge will award us what we are owed without the signed lease?


Asked on 10/19/09, 7:19 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Small claims judges have a range of discretion in how they apply law and common sense, so it somewhat depends upon the judge you get. If you can show the judge that the plan was that she would stay the full term of the lease, such as an email where she (not you) stated that she would stay, you might win. Was there an exchange before she moved in that shows she knew the lease term and agree to share the full term? Did she admit in writing that the deposit should cover the remaining two months? Another point is whether she gave you proper notice before she moved out--generally, a full rental payment period (if she paid by the month, one month) is required. If she did give proper notice, then she might be able to claim her full deposit back, less a deduction for the bills you can prove.

Be aware that if you sue her in small claims and she countersues for the deposit, it is possible that the judge would require you to give her money. That's one of the risks of this type of litigation.

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Answered on 10/19/09, 10:57 pm


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