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Can I sue my ex-roommates for pet damages?

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roomiefromhell

Junior Member
What is the name of your state (only U.S. law)? Indiana

What is the name of your state (only U.S. law)? Indiana

I received the damages bill after the lease expired on my apartment back in November. I actually vacated the apartment 3 months prior because the living conditions were abhorrent. I lived with a couple who had three cats. The pets were not on the lease, not good I know. I shouldn't have let them have pets without telling the leasing office. I allowed it because they verbally assured me that they would pay any damages caused by their animals. As my relationship with them started to sour over the course of the one year lease, I continued to be on them about changing the litter box and protecting the carpet. They continued to assure me that they would hold themselves responsible for the damages to the carpet, etc. I attempted to get this in writing numerous times, to no avail of course. Hindsight, I should've had them sign something before I signed the lease.

I am now stuck with a $1400 bill, all of which are due to pet damages minus about $80 in cleaning fees which I agree to pay. If I don't pay, this goes to collections in 14 days and of course, my roommates are nowhere to be found. I do, however, have an itemized copy of the bill, our lease agreement, numerous text messages in an effort to contact them, as well as several witnesses to our verbal good faith agreement. Furthermore, I know where both of them work.

If it comes to taking them to court, there is no way they could deny that they were the owners of said pets, nor can they deny that the carpet needed to be replaced due to pet damage as it says "pet damage/odor/urine" on the itemized bill from the leasing office.

I'm not worried about collecting as my mother is a paralegal for a collections company and my father is a lawyer. Both feel I have a strong case. I plan to hand deliver them a letter informing them of the bill and stating that they either need to pay it, or I will do so to prevent action being taken against me. Should they fail to pay up, I plan on filing.

So do I have a good case? What other evidence can I get against them? One of them is a loose cannon and I'm sure that when I give him this letter, he's gonna say all sorts of stuff. Can I record conversations (on my phone or take video) and submit them as evidence? I'm also fairly certain that I can represent myself better in court than the two of them.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Indiana

What is the name of your state (only U.S. law)? Indiana

I received the damages bill after the lease expired on my apartment back in November. I actually vacated the apartment 3 months prior because the living conditions were abhorrent. I lived with a couple who had three cats. The pets were not on the lease, not good I know. I shouldn't have let them have pets without telling the leasing office. I allowed it because they verbally assured me that they would pay any damages caused by their animals. As my relationship with them started to sour over the course of the one year lease, I continued to be on them about changing the litter box and protecting the carpet. They continued to assure me that they would hold themselves responsible for the damages to the carpet, etc. I attempted to get this in writing numerous times, to no avail of course. Hindsight, I should've had them sign something before I signed the lease.

I am now stuck with a $1400 bill, all of which are due to pet damages minus about $80 in cleaning fees which I agree to pay. If I don't pay, this goes to collections in 14 days and of course, my roommates are nowhere to be found. I do, however, have an itemized copy of the bill, our lease agreement, numerous text messages in an effort to contact them, as well as several witnesses to our verbal good faith agreement. Furthermore, I know where both of them work.

If it comes to taking them to court, there is no way they could deny that they were the owners of said pets, nor can they deny that the carpet needed to be replaced due to pet damage as it says "pet damage/odor/urine" on the itemized bill from the leasing office.

I'm not worried about collecting as my mother is a paralegal for a collections company and my father is a lawyer. Both feel I have a strong case. I plan to hand deliver them a letter informing them of the bill and stating that they either need to pay it, or I will do so to prevent action being taken against me. Should they fail to pay up, I plan on filing.

So do I have a good case? What other evidence can I get against them? One of them is a loose cannon and I'm sure that when I give him this letter, he's gonna say all sorts of stuff. Can I record conversations (on my phone or take video) and submit them as evidence? I'm also fairly certain that I can represent myself better in court than the two of them.
As far as the lease was concerned, were both you and these roommates co-tenants on the lease? Or were you the tenant on the lease, with these roommates as people who just shared the place with you and paid YOU rent?

Next, if you do decide to sue the roommates, you'll have to pay for those damages FIRST. From what you've described, the chances are good that they are going to try to skip out on the damages. Trust me - even if you do sue, you'll have to show that the money has been paid first. The court is NOT going to award you anything until that happens.

As for the cost of the carpet replacement, let's talk about the cost for that. I know you are just taking what the apartment management is telling you, but consider this: they are only allowed to charge for the DEPRECIATED cost of the carpet that was damaged by the pets. A carpet usually has a useful life of between 5-7 years, which means that if the carpet wasn't new, you shouldn't be held liable for the FULL REPLACEMENT COST, but only for the portion of that cost that corresponds with the number of years the management lost out on using that carpet. For example, if they installed the carpet 2 years before you moved in, that would leave only 3 usable years left in that carpet when you moved in (assuming a 5-year useful life). If you then lived in the apartment for one year, then that leaves 2 years of useful life that were lost due to the extensive damage to the carpet. You would only be liable to pay for 2/5 of the replacement cost of the carpet, NOT the full cost. In order to figure out what you SHOULD be paying, I would ask when that carpeting was installed - if it was older carpet when you moved in, it's possible no one would have to pay for any portion of those replacement costs.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? Indiana

What is the name of your state (only U.S. law)? Indiana

I received the damages bill after the lease expired on my apartment back in November. I actually vacated the apartment 3 months prior because the living conditions were abhorrent. I lived with a couple who had three cats. The pets were not on the lease, not good I know. I shouldn't have let them have pets without telling the leasing office. I allowed it because they verbally assured me that they would pay any damages caused by their animals. As my relationship with them started to sour over the course of the one year lease, I continued to be on them about changing the litter box and protecting the carpet. They continued to assure me that they would hold themselves responsible for the damages to the carpet, etc. I attempted to get this in writing numerous times, to no avail of course. Hindsight, I should've had them sign something before I signed the lease.

I am now stuck with a $1400 bill, all of which are due to pet damages minus about $80 in cleaning fees which I agree to pay. If I don't pay, this goes to collections in 14 days and of course, my roommates are nowhere to be found. I do, however, have an itemized copy of the bill, our lease agreement, numerous text messages in an effort to contact them, as well as several witnesses to our verbal good faith agreement. Furthermore, I know where both of them work.

If it comes to taking them to court, there is no way they could deny that they were the owners of said pets, nor can they deny that the carpet needed to be replaced due to pet damage as it says "pet damage/odor/urine" on the itemized bill from the leasing office.

I'm not worried about collecting as my mother is a paralegal for a collections company and my father is a lawyer. Both feel I have a strong case. I plan to hand deliver them a letter informing them of the bill and stating that they either need to pay it, or I will do so to prevent action being taken against me. Should they fail to pay up, I plan on filing.

So do I have a good case? What other evidence can I get against them? One of them is a loose cannon and I'm sure that when I give him this letter, he's gonna say all sorts of stuff. Can I record conversations (on my phone or take video) and submit them as evidence? I'm also fairly certain that I can represent myself better in court than the two of them.

Mom is a paralegal and dad is an attorney, yet you are here looking for advice:confused: Things that make you say hmmmm....
 

roomiefromhell

Junior Member
in response to sandyclaus

Yes, we were all on the lease. The carpet was replaced right before we moved in. We were told that they replace the carpet every five years and the previous tenant had been there for twelve years, so we received new carpet with the apartment. The bill states "Replacement of 2011 carpet due to pet damage/odor". Also, the pets were not on the lease agreement. Not sure how that affects things.

Another question: There was a fourth roommate on the lease who is working with me to pay the couple's portion of the damages bill in installments. They will need to pay both of us for paying on their behalf. Can we file together, or should we file separately?

Thanks for the help.
 

roomiefromhell

Junior Member
in response to antigone

Yes, my mother is a paralegal and my father is a real estate attorney. But they have little experience with small claims court. I have sought their advice and they feel I should move forward. So I'm now seeking the advice of any other person or persons who have more experience with this type of situation than I do. I want to be fully prepared before proceeding. Not sure how that raises any flags.
 

latigo

Senior Member
. . . . . . Next, if you do decide to sue the roommates, you'll have to pay for those damages FIRST. . . .
The OP DOES NOT have to pay for the "damages FIRST"! Not if he forces the landlord to file his cause of action. (Which the OP may or may not wish to do.)

But if he should wait until the landlord brings suit, then, irrespective of his relationship with the former roommates, whether cotenants or subtenants, he can litigate all of the issues he as with them and the landlord by employing INDIANA'S THIRD PARTY PLEADING PROCEDURES!

The advantage being that the burden of proving damages and their reasonableness will remain on the shoulders of the landlord and not the OP.

Otherwise, if he pays up now and sues the cotenants separately under some theory of contribution (which may be questionable) then he has the burden of proving that the landlord’s claim was reasonable. Simply showing a receipt for what he paid the landlord would not do.
 

roomiefromhell

Junior Member
in response to latigo

How to I force my landlord to file a claim against them? Simply by not paying? Believe me, if there's any way I can get away with not taking on their debt in order to rectify this, I'll do whatever.

I plan on speaking with the leasing office on Monday and explaining to them that my roommates have run out on said bill and that the only way I'll be able to pay is if they split it into more that three payments (they initially told me I could make three payments, no more).

Should I see if the leasing office will help my cause? Any chance they'll just pursue them and not me for the remainder of the bill? No harm in asking, I guess.

What is this third party pleading procedure you speak of?
 

latigo

Senior Member
How to I force my landlord to file a claim against them? Simply by not paying? Believe me, if there's any way I can get away with not taking on their debt in order to rectify this, I'll do whatever.

I plan on speaking with the leasing office on Monday and explaining to them that my roommates have run out on said bill and that the only way I'll be able to pay is if they split it into more that three payments (they initially told me I could make three payments, no more).

Should I see if the leasing office will help my cause? Any chance they'll just pursue them and not me for the remainder of the bill? No harm in asking, I guess.

What is this third party pleading procedure you speak of?
(Why you are not getting legal advice from your parents seems inexplicable. But whatever . . .)

You can't force the landlord to file a claim against the others.

Even though each of you are individually and fully liable to compensate for the loss, the option of which tenant or tenants to go after rests solely with the property owner.

______________________

This is what I was referring to in speaking of a third party complaint: (In part)

. Indiana Rules of Court - Rule 14 Third-party practice

(A) When defendant may bring in third party. A defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him. The third-party plaintiff must file the third-party complaint with his original answer or by leave of court thereafter with good cause shown. * * * * *
But as I mentioned Rule 14 would only be available were you to be first sued by the landlord.

(Also, we are talking legal theory. Not practicalities. And for various and obvious reasons it may be impractical for you to sit and wait to be sued.)

If you settle with the landlord before you are sued, you may have a right of contribution against the other two as a basis for a separate lawsuit.

But in a separate lawsuit your burden of proof would be the same as were the landlord to sue you for cost of restoration of the premises. And I don't think you would be privy enough to that information in order to prevail on the issue of damage to the premises.

As I said earlier, the mere fact that you paid the landlord a given sum of money would not, per se, give you a cause of action for judgment of contribution against the others.

However, if you are sued and bring the others in as third party defendants, your only burden of proof would be to show that (1) the third party defendants were jointly on the lease and thus jointly liable by contract, and, moreover, (2) that they were solely responsible for the damages entitling you to a judgment over against them for any judgment the landlord takes against you.

The difficulties in properly pleading and filing a third party complaint and the risks involved are many. So talk to your parents.
 
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