Should he still pay?

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SweetTari

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My jurisdiction is: California

My situation:

I have been off and on with my ex for a few years. Recently, we fell back in love and decided to get a place together. At the time, he was not working so, being that it was tax season, I said I would pay the deposit and the first month's rent for the apartment. It is a 13 month lease, because the first month was free if we moved in by Feb. 1st. So, I did all of that, and paid for 90% of everything. Well, by the end of the month we began having problems. He cheated on me and everything went down hill from there. I asked him to leave a few times, EVEN THOUGH HIS NAME IS ON THE LEASE, not as a co-signer, but as a co-applicant. He left for a few days and I tried to reconcile with him, but I found out that he had been staying with his ex-girlfriend, which of course really pissed me off and I officially kicked him out. All of his things were at my house, but he had been staying with her and is not coming back. Now I am stuck paying all of the rent (which I cannot afford alone) and he does not want to contribute, even since this is all his fault. It is VERY costly to get out of the lease and I definitely can not afford that. So, my question is, whether I asked him to leave or he left on his own, I plan to sue him for the money I will be out in the months to come which totals about $6500. Do you think I have a valid court case or will I just be waisting my time and money? He keeps telling me that he is not obligated nor responsible any more because he doesn't live here. When the only reason I asked him to leave was because I found that he was basically using my apartment as a storage place, being that he had been staying some where else for 2 weeks.
 
My jurisdiction is: California

My situation:

I have been off and on with my ex for a few years. Recently, we fell back in love and decided to get a place together. At the time, he was not working so, being that it was tax season, I said I would pay the deposit and the first month's rent for the apartment. It is a 13 month lease, because the first month was free if we moved in by Feb. 1st. So, I did all of that, and paid for 90% of everything. Well, by the end of the month we began having problems. He cheated on me and everything went down hill from there. I asked him to leave a few times, EVEN THOUGH HIS NAME IS ON THE LEASE, not as a co-signer, but as a co-applicant. He left for a few days and I tried to reconcile with him, but I found out that he had been staying with his ex-girlfriend, which of course really pissed me off and I officially kicked him out. All of his things were at my house, but he had been staying with her and is not coming back. Now I am stuck paying all of the rent (which I cannot afford alone) and he does not want to contribute, even since this is all his fault. It is VERY costly to get out of the lease and I definitely can not afford that. So, my question is, whether I asked him to leave or he left on his own, I plan to sue him for the money I will be out in the months to come which totals about $6500. Do you think I have a valid court case or will I just be waisting my time and money? He keeps telling me that he is not obligated nor responsible any more because he doesn't live here. When the only reason I asked him to leave was because I found that he was basically using my apartment as a storage place, being that he had been staying some where else for 2 weeks.

From a life lesson standpoint... he should pay for the time he was actually there. One month/maybe two and you should get a roommate immediately so that you can afford the rent.

In terms of the lease, I'll leave it to the legal experts.
 
The first month was free. The second month I paid $1050. My thing is, we made an obligation by both signing the lease. It's not fair for him to bail out without and punishment and leave me struggling every month.
 
Both your names are on the lease; you both are legally responsible for the rent until the lease terminates (or, in his case, another tenant is found to replace him financially).

However, you cannot sue him for money you have not yet lost.

In such roommate situations, it is in your best interest to find someone to replace him as a paying roommate (thus saving you from having to be evicted due to being unable to keep up with the total rent), paying the entire rent until you can find someone else, and THEN suing him for his owed share.

He will, of course, likely argue that YOU terminated his legal responsibility when you kicked him out.

The judge will then decide who is "more right" in this case.

Gail
 
Sounds about right. I never thought of that. The thing is, its a one bedroom apartment. I dont think I would be comfy with just any old roommate. It sounds smart to stay here and possibly sue him for lost wages at the end of the lease. Worst case scenario is I live paycheck to payceck TO PAYCHECK. In his case, he could argue that I terminated his legal responsibility, but... I did try and reconcile and get him to come back. He didnt want to. This was before I kicked him out after finding out he was with his ex.

What if I just sued him for the whole amount of the lease termination and used that to find a new place?
 
Keep in mind that suing someone...and winning a judgement...is certainly no guarantee you'll ever see a penny of this money. The court will only reside over a judgement; it is often up to the "winner" to attempt to collect.

Gail
 
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