Roommate Refuses to Pay Damages

[roommateprobs]

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

My roommate and I incurred damages while renting an apartment. She is refusing to pay half because she says the damage was from a pet that I had that was not on the lease. I only had the pet for 9 of the 24 months that we lived there. There were numerous damages before he was there and numerous damages due to her and her friends. After being told that we would be sent to collections if it was not paid, I settled the remaining amount with our rental office to save my own credit. We were in a shared lease that clearly stated both parties would be held financially responsible for damages, regardless of fault. Her mother was our guarantor and I have the form that she signed taking on financial responsibility if one or either of us could not pay. She is also whom I have been in contact with because my roommate is too immature to handle her own issues. Do I have a chance of winning this case in small claims court? Should I be suing my roommate and her mother or just my roommate? My worry is that my roommate will not have the money to pay the judgement and her wages are very low. Any help would be appreciated!

 

[Eekamouse]

What kind of damages were there? Did your pet urinate on the floors?

 

[OHRoadwarrior]

You can always sue. You might even win. Collecting is a different story. Is it worth it to go through everything for nothing?

 

[roommateprobs]

Why should the type of damages matter? If we both signed the contract that we were equally responsible for all damages, I don't think that's an issue. You cannot judge what damage was the result of whom. Also, I do think it's worth it because as a college student with two jobs, that extra $500 coming out of my pocket kind of put me in the hole. I would like to at least give it a shot to get the money back.

 

[Eekamouse]

Uh huh. Sounds like it may have been your pet that caused the majority of the damage. Why should your roommate have to pay for your pet's bad behavior?

 

[roommateprobs]

No, it wasn't. It was a result of many things. From a legal perspective, however, those things don't matter. What matters is the contract that was signed. I asked for legal advice, not unwarranted personal advice. Thanks, but please do not continue to follow this forum.

 

[Eekamouse]

You broke the terms of the lease by getting the animal in the first place. Why do you expect her to honor the lease when you didn't?

 

[roommateprobs]

If you would have paid attention to my first post you would have seen that I said the lease stated no matter who is at fault, all residents would be held responsible. She broke our lease by bringing illegal drugs into the apartment so if that were the case, it wouldn't be only myself who breached the contract. You seriously have no legal knowledge and are focusing on the wrong part of this. Please stay off of my thread and take your ignorant comments elsewhere.

 

[TheGeekess]

If you would have paid attention to my first post you would have seen that I said the lease stated no matter who is at fault, all residents would be held responsible. She broke our lease by bringing illegal drugs into the apartment so if that were the case, it wouldn't be only myself who breached the contract. You seriously have no legal knowledge and are focusing on the wrong part of this. Please stay off of my thread and take your ignorant comments elsewhere.

Alrighty then.

 

[Antigone*]

Alrighty then.

I'll take a double funsucker, while highjacking this thread, my dear Geekess. This thread is done, wouldn't you say?

 

[latigo]

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

My roommate and I incurred damages while renting an apartment. She is refusing to pay half because she says the damage was from a pet that I had that was not on the lease. I only had the pet for 9 of the 24 months that we lived there. There were numerous damages before he was there and numerous damages due to her and her friends. After being told that we would be sent to collections if it was not paid, I settled the remaining amount with our rental office to save my own credit. We were in a shared lease that clearly stated both parties would be held financially responsible for damages, regardless of fault. Her mother was our guarantor and I have the form that she signed taking on financial responsibility if one or either of us could not pay. She is also whom I have been in contact with because my roommate is too immature to handle her own issues. Do I have a chance of winning this case in small claims court? Should I be suing my roommate and her mother or just my roommate? My worry is that my roommate will not have the money to pay the judgement and her wages are very low. Any help would be appreciated!

You have the makings of a cause of action (that is legally recognizable grounds for a lawsuit) against the co-lessee for contribution of one half of the damages. (And please note that I did not say that you have a sustainable cause of action.)

But I don’t see where you have a claim against the mother inasmuch as her guarantee was to the landlord and not you. And no knowledgeable judge could properly extend/transfer that guarantee beyond its intended and express purpose by adding you as an additional promisee.

ALSO, because without subpoenaing the landlord together with her/his/its records and receipts of the costs of making the repairs (even if in fact such repairs were made) –

AND proving that those costs were reasonably incurred (which will require expert testimony) –

AND proving that all of the alleged damage was incurred during the tenancy –

YOU are going to have a devil of time making a case.

DO NOT think that all you need to prevail is to show the court proof of what you paid the landlord. Because it won’t do the trick.

 

[tranquility]

Here's the deal from a theory perspective. Yes, you deserve "contribution" under the theory of contract; in the same suit they will claim against you in tort. If you or your dog caused the damage, you will way, way lose.

 

[roommateprobs]

You have the makings of a cause of action (that is legally recognizable grounds for a lawsuit) against the co-lessee for contribution of one half of the damages. (And please note that I did not say that you have a sustainable cause of action.)

But I don’t see where you have a claim against the mother inasmuch as her guarantee was to the landlord and not you. And no knowledgeable judge could properly extend/transfer that guarantee beyond its intended and express purpose by adding you as an additional promisee.

ALSO, because without subpoenaing the landlord together with her/his/its records and receipts of the costs of making the repairs (even if in fact such repairs were made) –

AND proving that those costs were reasonably incurred (which will require expert testimony) –

AND proving that all of the alleged damage was incurred during the tenancy –

YOU are going to have a devil of time making a case.

DO NOT think that all you need to prevail is to show the court proof of what you paid the landlord. Because it won’t do the trick.

Thank you very much for your help!

 

[roommateprobs]

Here's the deal from a theory perspective. Yes, you deserve "contribution" under the theory of contract; in the same suit they will claim against you in tort. If you or your dog caused the damage, you will way, way lose.

In all honesty, I would say the damage was about 60% my dog. My roommate did have multiple damages that were the result of her and her friends. However, there were several occasions when she would offer to watch him while I was out of town and would not come home and leave him out of his kennel and he'd chew or urinate on the carpet. (Yes, I know he's my resonsibility, but she would offer without me asking.) I also forgot to mention that I moved out of the apartment three months before our lease ended. When we recieved the bill there were charges for four bags of trash that were left in the apartment(these were not there when I left) and two pieces of furniture that had to be hauled off because she left them there. Of course, these charges were nowhere near the amount that the carpet was, but when I paid my half of the bill, I paid half of those charges that I had nothing to do with.

I understand your point that if myself or my dog caused the damage, I will lose, but I am 100% positive that all of the damage was not from us. Going back to the fact that I feel my dog probably caused 60% - I am willing to pay more than half, but not the total amount. My question is how would a judge decide the amount that each of us should pay or try to estimate who was responsible for what?

I apologize for being so lengthy, but when I was short and to the point, it didn't fully explain the situation. Thanks for your help!

 

[Ohiogal]

No, it wasn't. It was a result of many things. From a legal perspective, however, those things don't matter. What matters is the contract that was signed. I asked for legal advice, not unwarranted personal advice. Thanks, but please do not continue to follow this forum.

Legally, for you to pursue suit against your roommate, you would have to prove who caused the damages. And you would have to show what damages were the result of your roommate. The contract is binding on the part of the landlord to collect from either/both of you. NOT for you. Legally. So quit thinking you know the law when you don't.