California-Roommate's responsibility to mitigate damages after I left?

[lb9802]

Things hadn't been going well between my roommate and I shortly after we signed a year lease together. I put up with it for as long as I could. Finally, she asked if her boyfriend could move it. (We only had 3 or 4 months left on the lease). I wasn't comfortable with it so I told her no. She got really upset, during the fighting, I asked her if she wanted me to move out and she said "pack your stuff". So, I moved out. She then said I was still responsible for paying the rent. I informed my landlord that i was leaving at the end of the month (verbally) and she said it was fine, that my roommate had already talked to her and that she (my roommate) would take care of everything. My roommate continued to insist i pay rent...I offered to give her $300 to take off some of the financial burden from her boyfriend (since he could now move in) but she said no, that her boyfriend could only afford to move in if we were all living there. In less than a week, I found someone to take my place in the house. My landlord said it was fine to sublease as long as my roommate ok'd it. She had previously mentioned that things would be better if I found someone to take my place. When I called her to tell her i found someone she was out of town for a funeral. She freaked out again and said I was not allowed to find someone to sublease, and that she was not going to live with someone else. I couldn't think of anything else to do, so I still moved out and haven't paid rent. She is now sueing me for unpaid rent, cleaning, locks, and furniture removal. (I did leave some furniture behind because the person who wanted to sublease wanted it and I didn't have enough time to get rid of it before i left, however, i did clean completely and even painted, before I left). Do I have any chance of winning this in court or am I going to have to pay her everything she is demanding???

 

[calalily]

It appears from your post that none of these negotiations were in writing so she will probably prevail in most of her claims against you. If you didn't take any pictures to prove that the place was clean then she may prevail there unless the cost is unreasonable. Do you have the paint receipt? That may help prove you cleaned up. Did you pay any of the deposit and have proof that you did? If yes, then this may be deducted from the amount she is asking. Hopefully you have receipts for all things you paid for while there so she can't claim something you actually paid. However, if you can prove you had someone ready to move in to help with rent that may work in your favor BUT I don't know whether or not she can veto that and if she can then you're out of luck. Did her boyfriend move in? Then, that may work in your favor as well, as he wasn't on original lease and that was one reason you moved and the court may find that he should be an acceptable replacement as far rent obligation. Let the forum know what happens....

 

[lb9802]

Well, before I left i posted on craigslist looking for a person to replace me. I got at least 10 responses (which i still have) and picked one to move in, until she said no, nobody was moving in. She filed the paperwork to take me to court two weeks after I left, before she even paid the rent for the two other months she wanted me to pay. (she is taking me to court for June, July, and August rent). The lease isn't actually up until October 1st although I think she thinks its done on September 1st. I didn't realize someone could sue for rent they hadn't yet paid. Yes, I paid for 1/2 the security deposit and have the check stub (actually, I paid for all the security deposit and she just paid me back for her half). The paint was left behind by the landlord so i don't have a receipt for that. I just thought the cleaning and stuff were things that would have been done when the lease was up, i didn't think she could just say she cleaned in the middle of the lease and then make me pay for it. And when I've been looking into other things, I am finding stuff that says she has an obligation to try and mitigate her damages by trying to find a replacement roommate. Is that true?? I can not prove her boyfriend ended up moving in, although he stayed there every night of the month that I left (May).

 

[calalily]

Yes, she has to try and mitigate her damages. Bring up all the issues you mentioned in your post, in court. Especially the boyfriend staying there the entire mointh of May without your approval. It seems like it would be very important to note she filed before trying to mitigate her damages and is sueing for future damages she may incurr which leads me to believe she did not intend to try and mitigate damages. I think you are right in the assumption that you cannot sue for future damages that have not occurred. Bring up the fact that you tried to pay her 300 and she refused. Also, bring up the fact she told you to pack your stuff because if it is perceived that she threw you out you may not be liable at all. You may be liable for locks and furniture removal but if you turned in your keys then why change the locks? And if you cleaned then she should not be asking for that. The portion of the security deposit you paid should be deducted from any monies she is claiming that you owe. Take the receipt that you paid that. Take any and all paperwork, reciepts, emails anything that you may be able to prove your case in court. You may also be able to ask the landlord if the boyfriend offically moved in and was added to lease. She may be willing to write a statement to that fact for you but I don't know if the court will accept written statements at all (try and get notorized if you decide to do that). Better to have it than not. Also see if she'll add that she okayed you to sublease but roommate refused. Let us know how it goes. You could counter sue for deposit and moving expences if you perceive she threw you out. Wouldn't hurt...alls they can say is no right?

 

[lb9802]

Well, the amount of rent she is asking for is a little off of what I thought, what i'm thinking is that her boyfriend moved in in July and is paying 1/4 of the rent. We had another person living in the house as well, but he isn't involved in any of this. So what I think she is doing is wanting me to still pay for 1/4 rather than just the difference the rent is from what her boyfriend is paying and what I was paying before I left. (hope that makes sense). I think all of them are paying less rent now that they had him move in and are still asking for me to pay for my full share, even though I said he couldn't move in and is ultimately the reason i moved out. Will this help my case at all, the fact that she still had him move in but then decreased the amount even she was paying for rent but is still asking me to pay my portion??

 

[calalily]

Yes, that will help you. She can't ask for more than is owed by the others plus she didn't allow you to move someone in but kicked you out to move in someone she wanted.