[Jonathanamaya]

Currently I am in a 1 yr lease and gave my roommates 2 months notice before I had to move out. I told them it was financial reasons but one the roommates recently married and moved his wife in with my agreement that should would be paying portions of rent and utilities. She has not paid for her part that we agreed on. This is the reason why I wanted out but to avoid conflict I told them otherwise.

After I gave my 2 months noticed I moved out and even paid for 2 more months of rent to buy them more time to find a roommate. However, they have failed to make a sincere effort in mitigating the damages.

I have written proof of the roommates saying they are going to NOT find a roommAte so they can force me to pay or take me to small claims.

Any info would be appreciated. Thanks.

[ScottGem]

What state is this? In ANY question regarding laws, you need to give your general area as laws vary by area. Is your lease with the roommates or were you all signed together with the landlord?

Generally, in a case like this I would stop paying and let them take you to court. When you get to court you show that you paid rent after your notice period and your evidence that they have not tried to find a new roommate.

[Jonathanamaya]

I live in California and our lease is with the landlord, sorry for leaving this out.

[ScottGem]

If your lease is with the landlord, then your roommates are not directly responsible for finding a new roommate. On the other hand, if you didn't pay, they would probably have to make up the difference and then could sue you for the balance. It all depends on the wording of the lease.

[Jonathanamaya]

I had asked the landlord if it was OK to bring in a replacement to take my spot. She and her boss agreed that this was OK but the replacement had to be approved by the other roommates. Naturally, the other roommates shot down my ideas of advertising and interviewing people off the Internet or newspaper.

[ScottGem]

They have NO right to prevent you from advertising. They DO have a right to reject any candidates you bring them. But if they have no cause for rejection that can help you prove they failed to mitigate.

[Jonathanamaya]

Thank you for your advise it was most useful. I have court this week for this case unfortunately I wish I had went here from the beginning for advise. If you have any advise on what ( based on this information ) I should focus on as my main defense against this. By the way the wife that moved in is here illegally and does not have a social security number so she can't go on the lease. Can this be used for anything ?

[ScottGem]

No you cannot use that, its irrelevant.

What is the court case about what the grounds for the suit. We need to know that to advise you on what to do. You do need to get all your documents in place.

[Jonathanamaya]

The grounds for the suit is the roommates are suing me for 2 months I did not pay. This was 2 months after my notice and an additional 2 months I paid after my notice.

I believe my defense lies on the fact that a 4th roommate was brought in, violating the contract with the landlord. And violating our verbal agreement that she would pay portions of utilities and rent.

[ScottGem]

I believe my defense lies on the fact that a 4th roommate was brought in, violating the contract with the landlord. And violating our verbal agreement that she would pay portions of utilities and rent.

Actually I don't think that is your defense and recommend not using it. Your defense should be that you gave ample notice giving them time to replace you That you paid an additional 2 months beyond that notice. That you tried to find a replacement and they refused nor did they do anything to find a replacement.

You can mention the 4th roommate only in terms that they had previously added a 4th roommate so that your moving really should not have caused them any damage.

[Jonathanamaya]

This sounds good. Now my lease doesn't say anything on it about replacing roommates or anything. Thank you for all your help and I will focus on that as my defense. Any last minute advise? I have the court hearing tomorrow morning and feel confident I have done what I can to help this situation.
Thanks again.

[ScottGem]

Just be polite and stick to facts. Not emotion.

[Jonathanamaya]

Scott gem , I just got out of court and was found liable for the 2 months of unpaid rent as expected, however, I proved they failed to mitigate damages and cannot be held liable for further rent which continues till November. Thank you for all your information. Judge said I cannot be sued for any more rent. Does this mean I am off the lease?

[ScottGem]

Yep

[Jonathanamaya]

I received my court letter stating the decision of the court but it does not mention that the plaintiffs failed to mitigate the damages. What further steps do I need to take to get my name off the lease.

[ScottGem]

Pay the landlord the 2 months and show him the letter and ask him to take you off the lease.