Roommate causes damage, refuses to pay.

What is the name of your state? West Virginia

In late November of last year, my ex-roommate was cooking and a grease-fire started up. The fire damaged a few things in the kitchen (stove top, hood, wall behind the oven) and our landlord assured us that he would "take care of it."

Unfortunately (and in accordance with our lease), he opted to charge for the repairs and the bill came to roughly $1400.

Now, she (my ex-roommate) probably has a case in court, but nonetheless the landlord is suing her. The problem is, she moved out and no one has her new address, so she can't be served. But, since I'm on the lease as a "jointly and severably liable" co-renter, and since they have my new address, I have been served.

She doesn't seem to want to deal with it, which puts me in a tough spot. I may have to foot the bill in court. So my question is:

If I have to pay the full amount, can I sue her for ALL of it (since I wasn't at the apartment when it happened) and my court costs or will I only be able to sue for half since I'm on the lease as "jointly" signed and have to eat the court costs?

I understand from a moral stand point that she should pay all of it, but from a legal standpoint am I liable for half without recourse?

The problem is, she moved out and no one has her new address, so she can't be served.

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Tell me this Einstein, if the former landlord can't sue her, how do you plan on suing her?

tweezil said:

If I have to pay the full amount, can I sue her for ALL of it (since I wasn't at the apartment when it happened) and my court costs or will I only be able to sue for half since I'm on the lease as "jointly" signed and have to eat the court costs?

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You can sue her for ALL the costs you incur on paying this claim. Of course, you will have to find her first.

I understand from a moral stand point that she should pay all of it, but from a legal standpoint am I liable for half without recourse?

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As you already know, you are equally liable for the damages incurred by the landlord. He can force either of you, or both of you, to pay for them. And if you have to pay anything due to HER conduct... you can recover all of YOUR 'damages' from her.