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Rental Agreement Opinion. Full info provided.

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ZeroAccend

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

About 2 months ago my roommate said he was going to move out because he got a job in Utah. We'd been living in a duplex together for almost 2 years.
I didn't have a problem with it.

When it came time to move out he packed all of his stuff and left leaving me with 100% of the cleaning work. He also left a bunch of damages to the house that were caused by him, a friend of his, and his cats.

Here's the 2 parts of the renters agreement that deal with this:


Section E. Damage to premises\reimbursement:
Whenever damage to the premises is caused by the carelessness, misuse, abuse, or neglect of the tenant, his/her family, household member, visitor, guest, or agent, the tenant agrees to: repair or otherwise correct the damage at his/her expense and in a manner approved in writing by the landlord, and to do so within a reasonable time, OR to pay the landlord the reasonable cost of all repairs and replacements completed by the landlord to restore the premises to a decent, safe, and sanitary condition, and to do so promptly after completion and billing for payment.

Section N. Responsibility: If more than one tenant, each tenant agrees to jointly and severally accept liability for all provisions of lease. Each tenant is responsible for the payment of the full rent and damages incurred, not just a share of the rent or limited to only damages they personally incur. Unapproved roommates are essentially trespassers.



Ok that's all the written legal stuff from the agreement/lease.
Now, the charges I'm getting are as follows. Please note i'm rounding dollar amounts:
  • Carpet Replacement: $500
    This was caused by his ex-girlfriend spilling a glass of Hawaiian punch onto the carpet and both of them, in their drunkenness, left it on the floor. This caused a permanent stain on the carpet of which I did not contribute nor was i aware of till the next morning.
  • Kitchen Counter Replacement: $225
    Roommate set a hot pot on the counter and burned a hole on it. I had nothing to do with this nor was I aware of it till a couple days after it happened.
  • Patio Screen Replacement: 85
    Patio screen had tons of small holes and a softball sized hole put in it by his damn cats.
  • Garage Door Remote Replacement: 250
    This was taken out of state by the roommate.

He is maintaining that the lease states we're both responsible for these costs. But I want to hear what you guys have to say.
Also, shouldn't I be compensated for all the work I had to do cleaning the place by myself? I kept full logs of all the time spent cleaning each room. I also took pictures of the entire house, both before and after pictures.

Looking forward to what you guys have to say :)

Thanks,
Greg G.
 


BL

Senior Member
each tenant agrees to jointly and severally accept liability for all provisions of lease.
That means the landlord can go after both of you , or just one that may have assets , or assets easily assessable to.
 

ZeroAccend

Junior Member
That means the landlord can go after both of you , or just one that may have assets , or assets easily assessable to.
Ok, so when I read my renters agreement I was under the impression that it was saying "both people are responsible for all costs incurred" meaning if something got messed up it doesn't matter which person was at fault, both have to pay for it equally. Is my interpretation of this incorrect?
Is the ex-roommate responsible for paying for what he destroyed/stole/let his friends destroy?
And should he decide to NOT pay for what he did, do I have a legit case worth taking to small claims court?

The way I have everything calculated, the ex roommate owes the landlord 800+ dollars and myself 200+ (due to my loss of the security deposit minus the expenses i agreed to pay on, like painting and carpet cleaning which was both of our responsibilities that i accept and agree to pay)

Again, thank you for the response :)
=====
Greg G.
 

BL

Senior Member
The landlord has a right to be reimbursed for damages from one of you or both of you ,which ever route they decide .

If you are selected the only one ( severally ) , and the damages are your roommates or roommates Guest ,Friends ,etc ., then you could sue your roommate with proofs .

Lets say for example your roommate left and went to Timbuktu and the LL was unable to have him/her served.The LL can chose to sue you for all damages instead.
 
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