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Roommate and pet damages

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Rlives

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

My son and his girlfriend leased an apartment with friends of theirs. About two months in, the roommates brought home a dog, which they did not tell the landlord about, nor pay a pet deposit for. They would leave the dog home for hours alone and, consequently, it used the bathroom in the apartment, as well as chewed the weather striping around the door and chewed a hole in the carpet in their (the roommate's) bedroom. My son told them they had to let the landlord know about the dog and pay a pet deposit, which they ignored.

Fast forward 7 months...the landlord came and did a walk through of the apartment one month prior to the lease being up. When she saw the damage to the carpet in the bedroom, the roommate told her he did it moving a mini fridge into his room and that it was not my son's fault, that he would make payment arrangements with them to take care of the repair bills. She told my son that other than that the carpet didn't look too bad and could be cleaned, but if they couldn't match it to just replace the bedroom that had the damage, they would have to replace the entire apartment and would cost approximately $1100. Upon move out, she told him that it would be closer to $1400 and that he would be responsible for half. Now, three weeks later, she notifies him that he would be responsible for over $800 in damages (carpet replacement due to the damaged carpet in the roommate's bedroom), as well as cleaning costs. And that if the roommate does not pay his half, my son will be responsible for the whole amount and if he does not pay it it will go against his credit.

My son and his girlfriend were the ones that went back to the apartment after everything was moved out, to clean. The roommates did not return to clean even their own bedroom and bathroom, plus they left two TVs, which my son had to dispose of, or that would have been another charge. They also had to haul out five bags of trash/garbage left behind by the roommates. The only thing my son didn't clean was the roommates bedroom and bathroom. They have pictures of the rest of the apartment after they finished cleaning, which took them over five hours to do. During the eight months there, my son and his girlfriend were the only ones that did any cleaning, and had even gotten to the point that they quit buying groceries and eating there because the kitchen/refrigerator were absolutely disgusting. They cleaned out stuff from the refrigerator that had been there since right after they moved in.

My question is how can he be held responsible for damages caused by A) a dog that was not his, to B) an area that he did not have access to and did not use? Besides having to pay a cleaning fee when it was the roommate's bedroom and bathroom left dirty, not his?
 


Silverplum

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

My son and his girlfriend leased an apartment with friends of theirs. About two months in, the roommates brought home a dog, which they did not tell the landlord about, nor pay a pet deposit for. They would leave the dog home for hours alone and, consequently, it used the bathroom in the apartment, as well as chewed the weather striping around the door and chewed a hole in the carpet in their (the roommate's) bedroom. My son told them they had to let the landlord know about the dog and pay a pet deposit, which they ignored.

Fast forward 7 months...the landlord came and did a walk through of the apartment one month prior to the lease being up. When she saw the damage to the carpet in the bedroom, the roommate told her he did it moving a mini fridge into his room and that it was not my son's fault, that he would make payment arrangements with them to take care of the repair bills. She told my son that other than that the carpet didn't look too bad and could be cleaned, but if they couldn't match it to just replace the bedroom that had the damage, they would have to replace the entire apartment and would cost approximately $1100. Upon move out, she told him that it would be closer to $1400 and that he would be responsible for half. Now, three weeks later, she notifies him that he would be responsible for over $800 in damages (carpet replacement due to the damaged carpet in the roommate's bedroom), as well as cleaning costs. And that if the roommate does not pay his half, my son will be responsible for the whole amount and if he does not pay it it will go against his credit.

My son and his girlfriend were the ones that went back to the apartment after everything was moved out, to clean. The roommates did not return to clean even their own bedroom and bathroom, plus they left two TVs, which my son had to dispose of, or that would have been another charge. They also had to haul out five bags of trash/garbage left behind by the roommates. The only thing my son didn't clean was the roommates bedroom and bathroom. They have pictures of the rest of the apartment after they finished cleaning, which took them over five hours to do. During the eight months there, my son and his girlfriend were the only ones that did any cleaning, and had even gotten to the point that they quit buying groceries and eating there because the kitchen/refrigerator were absolutely disgusting. They cleaned out stuff from the refrigerator that had been there since right after they moved in.

My question is how can he be held responsible for damages caused by A) a dog that was not his, to B) an area that he did not have access to and did not use? Besides having to pay a cleaning fee when it was the roommate's bedroom and bathroom left dirty, not his?
He's on the lease. That makes him responsible.
 

justalayman

Senior Member
He is liable (to the landlord) because he signed the lease. Co- lessees are jointly and severally liable for the debts incurred under the lease. That means all lessees are equally liable for the entire amount. Your son may have an action against the co-lessee for the damages that person caused and your son paid for but when it comes to dealing with the landlord, the landlord can seek damages against any of the lessees or all the lessees.

As to the carpet he would be liable for the depreciated value of the carpet, not total replacement cost. Any idea how old the carpet was?
 

Stephen1

Member
As a landlord, I normally hold all tenants jointly responsible for the damages/cleaning. When there are excess funds to be returned to the tenants I handle it one of two ways (1) cut a single check with both names on it (they can figure out how to split it) or (2) when the tenants have advised me, usually in writing, to split the funds 50/50 then I cut two checks with that split. If I need additional funds from the former tenants then I hold both responsible. I didn't rent your son & girlfriend only half an apartment but a whole apartment that I need funds for to repair. Any dispute between/among the tenants as to the apportionment of the costs does not involve the landlord. It is between/among the tenants.

Before someone lectures me about cutting two checks, let me say that I have a lot of single college students who, after moving out, are often on opposite coasts. Returning two checks when the tenants have agreed to it is not that big a deal to me and it makes the tenants happier.
 

Rlives

Junior Member
As a landlord, I normally hold all tenants jointly responsible for the damages/cleaning. When there are excess funds to be returned to the tenants I handle it one of two ways (1) cut a single check with both names on it (they can figure out how to split it) or (2) when the tenants have advised me, usually in writing, to split the funds 50/50 then I cut two checks with that split. If I need additional funds from the former tenants then I hold both responsible. I didn't rent your son & girlfriend only half an apartment but a whole apartment that I need funds for to repair. Any dispute between/among the tenants as to the apportionment of the costs does not involve the landlord. It is between/among the tenants.

Before someone lectures me about cutting two checks, let me say that I have a lot of single college students who, after moving out, are often on opposite coasts. Returning two checks when the tenants have agreed to it is not that big a deal to me and it makes the tenants happier.
You state that normally you hold all responsible. Under what circumstances would that not be the case? Also, if one admitted to causing the damages, would that make any difference?
 

Rlives

Junior Member
He is liable (to the landlord) because he signed the lease. Co- lessees are jointly and severally liable for the debts incurred under the lease. That means all lessees are equally liable for the entire amount. Your son may have an action against the co-lessee for the damages that person caused and your son paid for but when it comes to dealing with the landlord, the landlord can seek damages against any of the lessees or all the lessees.

As to the carpet he would be liable for the depreciated value of the carpet, not total replacement cost. Any idea how old the carpet was?
We don't know the age of the carpet, though I can say it certainly was not new when they moved in.

So even though the roommate admitted to causing the damage, my son will still be held responsible, possibly for the whole thing if the roommate does not pay?
 

Just Blue

Senior Member
So even though the roommate admitted to causing the damage, my son will still be held responsible, possibly for the whole thing if the roommate does not pay?
Yes. If your son is 18 or older he should ask his own legal questions.
 

justalayman

Senior Member
We don't know the age of the carpet, though I can say it certainly was not new when they moved in.

So even though the roommate admitted to causing the damage, my son will still be held responsible, possibly for the whole thing if the roommate does not pay?
While it would be better to speak to your son so he could ask questions and recieve answers in a style he understands but I'll hit these last couple anyway


Go back to my explanation of joint and several liability. That is why the landlord can go after only your son for the damages.

Your son can sue the roommate if the roommate was responsible for damages your son ended up paying for b

To the cost of the carpet; if the landlord is trying to charge your son the full cost of the replacement carpet he needs to dispute that. The landlord can only charge for the remaining life of the carpet. Carpet, depending on the quality is usually depreciated over 7-10 years. That would mean (using the 10 years for ease of math) for example if it was 5 years old they could only charge 50% of the cost of a similar carpet. So check into the carpet and see if they is the full replacement cost or a percentage of the full cost
 
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Stephen1

Member
You state that normally you hold all responsible. Under what circumstances would that not be the case? Also, if one admitted to causing the damages, would that make any difference?
Recently I rented a non-smoking unit to two college women. As far as I knew neither smoked but I knew one had a boy friend (not living there) who smoked. I don't know of him smoking inside but when the tenants moved out there was one bedroom closet that reeked of smoke. We had to put extra effort/time/cost into that one closet. I knew which tenant used that bedroom and the total costs did not exceed the deposit so on my own I deducted the closet costs from only that tenant.

If I had to chase after the money, e.g. go to court, then I would go after all tenants. Let the tenants or the judge apportion responsibility.
 

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