Problem with former roommate not paying last months rent

[JSworth]

I live in Riverside County in CA. I live in a three bedroom apartment with a couple of friends. Last month one of our roommates gave his 30 day notice and moved out, but has not paid his rent for the last month. So I have two questions that I could use some help with, and if anyone here could help me I'd really appreciate it.

1: It is my understanding that unless we are able to find a new roommate to take up his rent in less than thirty days, which we weren't, he is still obligated to pay his share of the rent. Is this correct or not?

2: Because of the fact that he is on SSI it would do us no good to take him to court because even if we got a favorable ruling we couldn't collect on it. However his mother told the main tenant on the lease, and was heard by four people that she was going to pay his rent for him and that she was going to leave it with the office. We understood this to mean that she was going to pay it as they left the complex with all of his stuff. Would I be correct in saying that by doing this she made herself equally responsible for his share of the rent, and could we then instead take her to court? Or could we even file a suit against both of them?

Again, any help that anyone here can provide is greatly appreciated.

 

[Gail_in_Georgia]

1. What type of lease did you guys have? If a yearly lease, said ex-roommate owes for rent until another tenant can be found to take his place in paying the rent..or until the lease normally expires.

2. You can always add mom to the lawsuit but make certain you have those folks who overheard her comments present in the courtroom as witnesses to what she said (most judges do not accept written statements from witnesses). Verbal agreements are often binding but, of course, these things often come down to a "he said, she said"...or in your case, perhaps "she said but now she's denying she said this" issue.

Gail

 

[JSworth]

1. What type of lease did you guys have? If a yearly lease, said ex-roommate owes for rent until another tenant can be found to take his place in paying the rent..or until the lease normally expires.

2. You can always add mom to the lawsuit but make certain you have those folks who overheard her comments present in the courtroom as witnesses to what she said (most judges do not accept written statements from witnesses). Verbal agreements are often binding but, of course, these things often come down to a "he said, she said"...or in your case, perhaps "she said but now she's denying she said this" issue.

Gail

Sorry, I meant to say that it's a month to month lease. As far as his mom goes like I said it was four people that heard her say it. As far as I understand it we don't have to prove she said it, we just have to present enough evidence that the judge has reason to believe she said it. Also two of the people that heard her are neutral parties which stand to gain nothing by saying that she said it, so I would have to imagine a judge would have a problem throwing that out. I guess I have heard of stranger things though.

This brings up another question for me though. If we have to take him, or them to court are we able to add the cost of the small claims suite to the amount owed? Or would that be pushing it a little much? I would think that the worst that could happen is that the judge could say something along the lines of "Nice try, but no. Here's your rent and be happy with that". Or am I wrong?

Again, thank you for your help. I really can't afford legal counsel so all I know is what I'm able to read. And I've been going blind reading landlord tenant laws and small claims procedures over the past week or so.