Drug addict roommate "Alleged" domestic violence to escape lease

[gqmonsieurgq]

What is the name of your state (only U.S. law)? California

I was recently living with my roommate in an apartment on which both of our names were on the lease. He began using drugs heavily and began running short on money. We had an agreement that he would move out and I would find a new apartment. We ended up getting in an argument one evening and he scratched me in my face. In reaction I pushed him off of me. He attempted to file a police report claiming I punched him in the face but the officer and detective noted "there were no signs of injury to his face" but scratches to mine. They said my roommate wasn't sane and no charges were pressed. Well a month later, he decides to vanish out of the blue without paying his last months rent. My landlord let him off the lease because of California Civil Code 1946.7 (California Civil Code Section 1946.7 - California Attorney Resources - California Laws) which states a victim of domestic violence can leave with a copy of a police report that "alleges" domestic violence. I have the report that clearly states it is NOT domestic violence. But the civil code only says the victim has to allege to be a victim. Will I still be stuck with paying his unpaid balance or did they let him off the lease wrongly?

 

[treese]

The reality is if both of your names were on the lease, you were both jointly and severally liable for the rent. There is no "his share" and "your share" of the rent ... the landlord has the right to be paid in full by both of you or either one of you.

Even without the allegation of domestic violence, you would be stuck for the rent.

Your option is to pay the landlord and then sue the roommate in Small Claims.

 

[QueenofEngland]

A roommate doesn't even have to leave an allegation of violence. The roommate can just leave, and the landlord is still owed full rent. The one remaining in the unit is easiest, usually, to get money from, so guess who the landlord's going to.

Unless you have one of those rare leases where the landlord is charging each person a specific portion of the rent so neither is liable for the other's share, then no matter how the roommate left, you're on the hook. I'm still bitter about an ex-roommate who wouldn't pony up her share of the rent, leaving me to pay it all, but them's the breaks and it's a risk you take having a roommate who's supposed to pay part of the rent.