room mate refusing to pay rent

[jackiharper]

I have three room mates, my boyfriend, and one other couple. We all signed a 12 month lease on a condo in California. The other couple moved out because they are no longer dating. He continues to pay the rent and has agreed to fulfill his obligation to the contract. She, on the other hand, has claimed that the living environment here is unsafe and that she has tried to discuss this with us many times, which she hasn't. She is no longer paying rent. She presented all of this to us in a letter. The leasing office at our complex informed us that she will remain bound by the contract unless the rest of the people on the contract release her from liability, which we will NOT do. But, if we do not pay the full amount then they will come after all four of us, not any one single person.. So, the three of us are going to split the full rent for the time being and then take her to small claims court for what she owes us. My question is, since she is claiming that the living environment is unsafe, is that going to prevent us from getting the money that she owes or is the contract binding no matter what?

 

[presutin]

She is still bound by the lease agreement and she has to pay for her rent. The burden of proof will fall on her, that is, she will have to present to the court proof of what she considers an unsafe environment to live at (police reports, evidence of anything that put her life in danger, written requests, etc...) Make sure that you have all the back ups for your claim in small claims court and that all the people on the lease present affidavits regarding the agreement and lifestyle you adopted at the home. Good Luck!