QUESTION
Is it extortion if my roommate said that I have to pay the rent and him my phone as well?
Asked on Aug 31st, 2016 on Personal Injury - California
More details to this question:
My roommate who sublease an apartment. Our original agreement was to split all bills and rent in half and he takes the living room. But when second month’s rent came, he demanded that I pay more. I am fed up about the situation. I would leave at the end of the month. The end of August, I asked for an additional month because I still haven’t found a place. He agreed and I gave half the rent and told him I’ll have the rest on September 6. Then later I get a text with him saying I had to pay him the rent and give him my iPhone in order for him to allow me to stay another month. I refused to give him my iPhone. I have to leave by the first.
1 ANSWER
It definitely is not extortion. This is purely a civil matter. The police will not get involved. Since you were renting from him, legally his position is that of a landlord to you. If you have not paid all the rent, he can serve you with a three day notice to quit or pay all the rent. If he agreed, even just orally, that you could pay half the rent now and half 9/3 [why have you not given us what the current situation is?], then he can not give you a three day notice. He can give you a 30 day notice that he will not rent to you again 30 days from the date of the notice. He would then have to file an unlawful detainer action in court against you in order to get a court order of eviction.
Answered on Sep 26th, 2016 at 6:45 PM