Need to Sue my old Roommate

[khatansuudal]

What is the name of your state (only U.S. law)? California
I have had a roommate for 2 months. She was a grad student and I thought she was responsible. But I have noticed that she had stealing problems (takes little stuff like hair clip and make up or use my fragrance). The biggest problem was that she was letting her dog pee and poop on the carpet and would never clean up. I had a problem and she wanted to move out. She found a replacement person and dropped her name from the lease. She had paid the dog deposit and I got a dog as a gift from my boyfriend. I kept my dog clean and potty trained him well. So when she moved out I had to pay her a dog deposit.
When I move out from the place, me and my other roommates can;t get the fulll deposit because of the pet stain that her dog did.
I told the girl about her dog problem but she was ignoring my requests and she also told me that she will come and get the carpet cleaned but she never did.
Can I start a small court case on this? I have documents to support my point and witnesses.

 

[Antigone*]

What is the name of your state (only U.S. law)? California
I have had a roommate for 2 months. She was a grad student and I thought she was responsible. But I have noticed that she had stealing problems (takes little stuff like hair clip and make up or use my fragrance). The biggest problem was that she was letting her dog pee and poop on the carpet and would never clean up. I had a problem and she wanted to move out. She found a replacement person and dropped her name from the lease. She had paid the dog deposit and I got a dog as a gift from my boyfriend. I kept my dog clean and potty trained him well. So when she moved out I had to pay her a dog deposit.
When I move out from the place, me and my other roommates can;t get the fulll deposit because of the pet stain that her dog did.
I told the girl about her dog problem but she was ignoring my requests and she also told me that she will come and get the carpet cleaned but she never did.
Can I start a small court case on this? I have documents to support my point and witnesses.

No way in haedes you're going to be able to prove that it was her dog that left the stain especially since after she left you got a dog.

So, legally, the answer is you can sue whoever you want for whatever you want. In your case I have to say you'd be wasting your time.

 

[justalayman]

sure you can but honestly, due to the fact that you did not require her to clean her dog messes when she left and you subsequently got a dog, I wouldn't expect you to win.

 

[latigo]

Sue her in small claims? On what grounds?

It was the landlord’s carpet that was damaged not your carpet!

And you certainly can't sue her presently in anticipation of the future contingency that the landlord may withhold the rent deposit. And even should he do so and you do so, how are you going to prove months down the road that it was her animal and not yours or that of another roommate occupying this menagerie? DNA?

And if you are thinking of suing her for breach of her promise to “get the carpet cleaned” which she has failed to do, I in turn fail to see that there is any consideration to support her promise to get the carpet cleaned. Again because it is not your carpet.

Let go of it. It ain’t worth it.

 

[Banned_Princess]

I dont think you should have given the roomate her pet deposit back, because of the waste on the carpet.

too late now, wasting your time, I agree.

 

[SuperLitigator]

I dont think you should have given the roomate her pet deposit back, because of the waste on the carpet.

too late now, wasting your time, I agree.

Woof woof, banned_princess hit it right on the head