What is the name of your state (only U.S. law)? NY
Two friends and I rented a house over the summer and paid a $1400 security deposit (we paid $467 each). We just received the refund of the security deposit (after suing the landlord in small claims court). The only damage that was deducted from the security deposit was $378 to refinish the landlord's kitchen table, which was burned from a candle that one roommate lit and left unattended. She does not believe she is at fault for the damage, but I and the other roommate believe she should pay for the cost of refinishing the table.
The refund check was made out to me, so I have control of the money. Can I legally give her $89 and keep $467 for myself and our other roommate? Is it an assumption that the judgement will be split evenly among the plaintiffs? If I only give her $89, would she have a good chance at winning in small claims court if she turns around and sues me?
The roommate responsible for the candle is no longer friends with the other roommate or myself, so severing the friendship isn't a concern (as awful as that sounds).
Two friends and I rented a house over the summer and paid a $1400 security deposit (we paid $467 each). We just received the refund of the security deposit (after suing the landlord in small claims court). The only damage that was deducted from the security deposit was $378 to refinish the landlord's kitchen table, which was burned from a candle that one roommate lit and left unattended. She does not believe she is at fault for the damage, but I and the other roommate believe she should pay for the cost of refinishing the table.
The refund check was made out to me, so I have control of the money. Can I legally give her $89 and keep $467 for myself and our other roommate? Is it an assumption that the judgement will be split evenly among the plaintiffs? If I only give her $89, would she have a good chance at winning in small claims court if she turns around and sues me?
The roommate responsible for the candle is no longer friends with the other roommate or myself, so severing the friendship isn't a concern (as awful as that sounds).