roommate got us evicted

[fks07]

Jurisdiction

California

Back in 2012, a close friend and I decided to move in together. It wasn't until 8 months into the lease that she unexpectedly decided to leave out of town without saying a word about not paying her side of rent. I understood she had been under going financial struggles, however, to my knowledge, I had assumed she had already paid for her portion of the rent considering it was close to the middle of the month, and it wasn't until then I got a call from the property management that we hadn't paid for the remaining half. And what do you know, we were then immediately evicted.
It's been a little over 3 years, and trying to fight the eviction is clearly out of my hands, as stated in the lease, all tenants are liable for paying rent on time, and I completely understand that, so I wasn't even going to try and waste a breath in trying to make the property management see otherwise. As crappy as the situation was, and where it's left me in trying to find anywhere to live, what's done is done and there's nothing I can do to take the eviction off.
My only concern now is that I've been in contact with her briefly from when we got evicted to now to see if she's taken care of the matter, but I don't think she has. I've reached out to her, and when I did the first time, she reasoned and said she'd handle the problem on her end and keep in touch. I've sent her all the forms, documents of all the fees and dues that she caused, in addition to that, phone numbers of who to get in contact with in case she had any questions, but It's been nearly a year since we last spoke, and not a single update of what she has or hasn't done to take care of the problem. I thought I'd try contacting her again to see if there were any updates in case I may've missed anything, but nothing.
Now, at this point, I feel like I've been tremendously patient, considering that I don't think she's a bad person, but I've come to a point where I feel and believe that taking legal actions against her is the only way I can get her to take care of the dues that she's caused as it's been nearly 3 years now. I'm now reaching out to anyone seeking for any advice to see what the next best step is. Is this possible? Can it be done? Is it too late?

 

[army judge]

You probably can't sue her in small claims court.
I'll reveal why as you read through this response.
That said, she's an irresponsible, unreliable, untruthful DEADBEAT.
If you could prevail in small claims, you'd have to then collect the judgment.
I see collecting much more difficult than suing, when a DEADBEAT is involved.
You've tried to get the DEADBEAT to pay to no avail.
DEADBEATS never make right their many wrongs!!!

Your other problem, and maybe a safe harbor for your DEADBEAT, the statute of limitation on debt.


California's statute of limitations is four years for all debts except those made with orally.

When an oral contract is alleged, the statute of limitations is two years.

This means that for common debts (credit cards, loans) creditors (that might be you) cannot attempt to collect debts that are more than four years past due. Two years for debts related to an oral agreement.

Beyond the deadbeat issue, even though you are an aggrieved party, you're not the landlord. Bottom line, she owes you nothing, if you weren't her landlord. The landlord appears not to care at this point.

The lesson here is never enter into any roommate deal again. Heck, it's hard enough when spouses divorce to sort through the financial slaughter.

 

[adjusterjack]

I'm now reaching out to anyone seeking for any advice to see what the next best step is. Is this possible? Can it be done? Is it too late?

As already noted, your chances of ever seeing a nickel from your ex-roommate is as slim as Sisyphus' chances of getting that boulder to the top of the mountain. Snowball's chance in hell if you didn't understand the reference.

Understand that you are 100% responsible for any debt to the landlord that your ex-roommate won't pay and since you had a lease contract the landlord still has time to sue you for whatever you still owe. Keep in mind that, if you have a good job and decent credit (except maybe for this one item) you are much more vulnerable to severe financial consequences.

And if your lease had a bilateral attorney fee provision you could end up having thousands in the landlord's attorney fees added to your judgment.