[California] I gave my roommate rent to pay. He kept it for himself.

[dayvad]

My now ex-boyfriend and I were living in an apartment together. When we lived together I would always transfer him my half of rent and he'd pay it to the landlord directly. We broke up about 2 months ago and he moved out but I stayed in the same apartment. He never exited the lease though, so both of our names are still on it.

Yesterday (now August) my landlord contacted me saying that they went through their accounting and realized we had not paid April rent. I transferred my boyfriend my half of April rent at the end of March. I confronted him and he admitted he kept the money I gave him and used it for his other bills (he is deep in debt) and didn't pay any of April.

I now owe a full month's rent on top of what I already pay which I do not have and he won't pay it back. I accused him of stealing to which he responded "I didn't steal it, you gave it to me". He's technically not wrong and I'm not sure if there is anything I can do about it. However, it's obviously infuriating because I trusted him and gave him the money under the assumption it was for rent.

I'm just here to ask if I have any sort of case against him?

 

[latigo]

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My now ex-boyfriend and I were living in an apartment together. When we lived together I would always transfer him my half of rent and he'd pay it to the landlord directly. We broke up about 2 months ago and he moved out but I stayed in the same apartment. He never exited the lease though, so both of our names are still on it.

Yesterday (now August) my landlord contacted me saying that they went through their accounting and realized we had not paid April rent. I transferred my boyfriend my half of April rent at the end of March. I confronted him and he admitted he kept the money I gave him and used it for his other bills (he is deep in debt) and didn't pay any of April.

I now owe a full month's rent on top of what I already pay which I do not have and he won't pay it back. I accused him of stealing to which he responded "I didn't steal it, you gave it to me". He's technically not wrong and I'm not sure if there is anything I can do about it. However, it's obviously infuriating because I trusted him and gave him the money under the assumption it was for rent.

I'm just here to ask if I have any sort of case against him?

Of course you have a "case" against him and so might the state of California.

But what do you mean that you gave him the money under the "assumption" it was for rent. You knew very well that it was for rent and so did he. He has admitted it. You make that wishy-washy statement in court and the defense will make you eat it.

When he converted the money to his own use he committed the crime of embezzlement. (See: California Penal Code Section 503)

The problem with getting him charged with the crime is the lapse of time. Knowing that if charged he could claim that it has been treated as a debt (which it has or you wouldn't have posted under small claims court) the prosecutor is likely to pass it off as a civil matter.

It's unfortunate that your stupid landlord can't be charged with some criminal act.

 

[dayvad]

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Of course you have a "case" against him and so might the state of California.

But what do you mean that you gave him the money under the "assumption" it was for rent. You knew very well that it was for rent and so did he. He has admitted it. You make that wishy-washy statement in court and the defense will make you eat it.

When he converted the money to his own use he committed the crime of embezzlement. (See: California Penal Code Section 503)

The problem with getting him charged with the crime is the lapse of time. Knowing that if charged he could claim that it has been treated as a debt (which it has or you wouldn't have posted under small claims court) the prosecutor is likely to pass it off as a civil matter.

It's unfortunate that your stupid landlord can't be charged with some criminal act.

So it's too late to deal with it outside of small claims?

 

[HRZ]

I did not see where this is a LL problem.

I agree this might be a crminal event , some form of theft by deception...I also agree the local police may punt due to OPs delay in reporting the crime and call it a civil dispute ...but OP can try that route .

I doubt it stale to sue for the rent money entrusted tomex but not paid over ...just get the sc steps right.

If he is o n the lease and the agreement is to split the rent then you might also have a pretty good,case,to,sue him for,each 1/2 he has failed,to,pay to date,....bailing out does not terminate a contract to,pay 1/2 if that is what it is.