girlfriend moved out and signed lease

[rva027]

I live in riverside county california. my girlfriend and i signed a lease for 6 months after 14 days we got in a fight and she moved out. said i told her to leave i didn't explained to her she should take extra bedroom and live as a roommate. she moved out can i get 1/2 the rent in small claims and do i have to wait till the end of the lease.

 

[danparker]

hey bro, sorry to hear about that. About the lease. If she signed it also, then it is a legally binding contract. You can take her to small claims for the money but you will not be able to sure her for any monies that you have not, yourself paid. I'll explain. You cannot take her to small claims court and sue her for future debt. You can't do this for the simple reason of you or herself subletting the apartment or whatever. Since your a co-signer, you will be responsible for the monies that she does not provide, but you can sue her. I think your best bet would be to contact and attorney and see what they have to say but you will not be able to sue her for the total amount of monies lost until the end of the lease. i would recommend that you just try to sublet the apartment yourself. it will save you time and probably money, not to mention time wasted and a potential for an undesireable outcome. Good luck and take care.

Dan Parker

 

[JETX]

"my girlfriend and i signed a lease for 6 months.... she moved out can i get 1/2 the rent in small claims"
*** Yes... and no. You have an obligation to 'mitigate' your damages. This means that you have to make a reasonable attempt to replace her 'lost rent'. This is done by you or her finding a roommate to replace her obligation. I suggest you immediately start posting ads in papers, posting on bulletin boards, etc. Keep records of your attempts to replace her. Then, for any months that you have to pay her 'share' due to her absence, you can attempt to recover in a small claims action. You cannot sue 'in advance' (remember, you are supposed to be trying to find a replacement!!) and can only sue for your actual 'damages' (rent paid on her behalf and costs of advertising for a replacement).

"and do i have to wait till the end of the lease."
*** See above.