Suing a roommate for deposit and damages

[thompss8]

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

Recently I moved out of an apartment from which my roommate had a cat and I had a cat. My roommate's cat urinated on the carpet and my roommate neglected to clean it up. When she moved out I found the spots that she had said she would clean up and I spent hours cleaning, but could not clean the urine from the carpet. We were charged almost $1000 for recarpeting of the area in which her cat urinated. Our apartment complex is charging us $300 over and above the deposit they kept. Both of our names are on the lease. What legal action can I take to recover the money I am now out? Am I responsible for half of the damages to the apartment even though it was her cat that urinated on the carpet and her fault for not cleaning it up? If I sue her in small claims court, what proof would I need to bring to prove my case?What is the name of your state (only U.S. law)?

 

[sandyclaus]

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

Recently I moved out of an apartment from which my roommate had a cat and I had a cat. My roommate's cat urinated on the carpet and my roommate neglected to clean it up. When she moved out I found the spots that she had said she would clean up and I spent hours cleaning, but could not clean the urine from the carpet. We were charged almost $1000 for recarpeting of the area in which her cat urinated. Our apartment complex is charging us $300 over and above the deposit they kept. Both of our names are on the lease. What legal action can I take to recover the money I am now out? Am I responsible for half of the damages to the apartment even though it was her cat that urinated on the carpet and her fault for not cleaning it up? If I sue her in small claims court, what proof would I need to bring to prove my case?What is the name of your state (only U.S. law)?

The proof you would need in order to recover additional damages from her is that which can PROVE that her cat made the mess instead of your own.

Herein likes the problem.

You BOTH had cats. Try convincing a judge that it was HER cat and not yours that made the mess on the carpet. Chances are, SHE will not admit that it was her cat that made the mess, and will instead say it was YOUR cat. How do you plan on proving it? Did you take photos or video of her cat urinating on the carpet?

If the answer is NO, then that is probably the very same answer a judge will give you when you request that he make HER pay for those damages.

Learn from the mistake and move on. There is a slim-to-none chance that you can win this one.

 

[thompss8]

My roommate and I have had several discussions about the problem with her cat urinating on the carpet where she admitted that it was her cat that was urinating on the carpet. Would I be able to use their statements in court? Would that be enough proof?

 

[Zigner]

My roommate and I have had several discussions about the problem with her cat urinating on the carpet where she admitted that it was her cat that was urinating on the carpet. Would I be able to use their statements in court? Would that be enough proof?

How can you prove a discussion?

 

[thompss8]

Sorry, what I meant to say was that my roommate and I had discussions while other people were present. If I got a statement from the others that were present would that be enough proof?

 

[Zigner]

Sorry, what I meant to say was that my roommate and I had discussions while other people were present. If I got a statement from the others that were present would that be enough proof?

No, "statements" would not be admissible.