Can I sue my Subleaser?

Most of the time, the best venue for filing a lawsuit against a roommate is your local small claims court. You can sue for the amount you’re owed up to the state limit for small claims court, which usually ranges from $5,000 to $10,000. Filing a small claims lawsuit is inexpensive and fairly straightforward.

What does it mean to take someone to small claims?

Small claims court is a specific kind of court that hears cases between two parties without the need for lengthy and expensive lawsuits. You can take a case to a small claims court without the expense of an attorney. But going to small claims court means you must file your case and defend it by yourself.

What happens if your Subletter doesn’t pay?

If the subtenant fails to pay rent, it’s up to the tenant to make sure full rent is still paid to the landlord. Failing to do so can result in eviction of the tenant by the landlord.

When does one co-tenant have to pay rent to the other?

Therefore, the general rule is that if one co-tenant is in exclusive possession of the property because the other co-tenant voluntarily allows him or her to possess the property alone, then the co-tenant who is in possession does not have to pay rent to the other co-tenant.

What happens if a tenant does not pay rent?

If that time passes without any word or payment from the tenant, you can move on to file for eviction. If your tenant has not paid rent by the required time for the pay or quit notice, it is time for you to move on to filing for eviction with the court system.

What happens if one tenant ousts the other?

However, if one tenant “ousts” the other co-tenant, then the tenant who committed the ouster must pay the fair market rental value for the property for the duration of time that he or she remained on the property as a result of the ouster. See Pico v. Columbet, 12 Cal. 414 (1859).

What to do if co-owner of property does not pay?

Your remedy would most likely be a court action to partition the property, at which time you… You have a few options that will involve hiring an attorney and going through the courts to either get reimbursed or sell and divide the money brought in. Talk to some attorneys.

What happens if co tenant does not pay rent on time?

As a result, if the remaining tenants do not pay rent on time, in full, the landlord could evict them because of the lease terms. In this situation, the remaining tenants need to remain current on the total lease obligations, not just their share, even as they’re looking to recover from the breaching co-tenant.

Can a landlord make a partial payment to a tenant?

Managing partial payments like this through Landlord Studio mean you have complete control over if and when tenants are able to make partial payments, and both you and your tenant have an up to date rolling record of the rent arrears still owed. Your lease will state how much rent is due and when it’s due each month.

Can a co-tenant sue the remaining tenant?

Since lawsuits cost money, the tenant should first consider whether the breaching co-tenant would actually be able to pay any award against her. If not, if realistically there is no way to collect from them, then suing may result in the remaining co-tenant throwing bad money after good.

What to do if tenant only pays part of rent?

It’s best to resolve this issue quickly with your tenant and ensure the habitability of the property is compliant with regulation. If a tenant only pays part of the rent it still means that months’ rent is late, and as they are late, you are within your rights to begin the eviction proceedings after the grace period.