My apartment mate wont pay his share of rent. Will going to a small claims court help.?? Any experiences ?

Question

I'm in San Diego staying in one of the rooms of an apartment (two equal sized bedrooms,two full private attached bathrooms and two same sized closets). but my apartment mate, occupying the other room wont pay half the rent. If i go to small claims court can they give him an order to pay half the rent from now onwards. Im sure, to defend himself he is gonna say that i did not pay the rent in past.

Anybody had similar experiences. please help.

Also if i choose not to pay rent and they evict both of us. how does that work???? bcos they are going to ask both of us to pay the eviction costs which i dont want to pay completely.

Again any experiences with that please help.

WE BOTH ARE ON THE LEASE.

Answer 1

sure it will That is what small claims court is for exactly that type of thing. Dont you watch Judge Judy??? hehe
You can charge him for any cost you incurr for his negligence and irresponsibility...I would say that if you can afford to pay his half and kick him out to avoid the eviction or replace him with someone that will pay their half..then do anything you can to avoid eviction and then go after your roomate for his half of the rent you had to cover when you kicked him out.
The only thing that counts in small claims is paper records show that you have cancelled checks where you paid his half...but NO ,,, the court doesnt make people pay their rent in the future..they only can reimburse you after the fact...besides...would you really wanna live with someone after you sued them in court..pay his half or find someone that will and kick him out....If you can prove you paid his part you can sue him for it.....Also, talk to the landlord about taking him off the lease and putting a better roomate on in his place. after proving to the landlord that you have checks showing you been paying his half

Answer 2

Small claims court can say you are right and that he must pay, but they can't make him pay you. You are both legally responsible but if he is screwing up, you end up paying. He is taking advantage of you and he knows it. I don't think that anyone lives through apartment living and doesn't get screwed by one loser or another. Get rid of him as soon as possible. You can talk to management and ask them to help you out and it will be costly but at least you won't be paying his part. You will get your credit screwed up and lose your deposit. Maybe they will have mercy on you. My question to you is,"Why is he still breathing?" He deserves something really good. . .
Oh yea, that why people have checking accounts--because you have proof that you have paid your part. Always get a receipt and be very careful with them. That always comes in handy sooner or later. . .