Results 1 to 5 of 5
  1. #1

    Default Are You Liable if Your Roommate Does Not Pay His Share for Damages He Caused

    My question involves landlord-tenant law in the State of: California

    I recently moved out with my roommate and we received a number of move out charges such as carpet, overall cleaning, etc. We also got charged for paint because he decided to hang up paintings as well as mount a TV. When he originally did the TV he said there would be no issues and did not ask me before hanging up artwork.

    Before moving out he asked me to try and patch the holes because he didn’t have time. I refused because I didn’t want to be liable if we were charged. We now officially got charged and he thinks I should bear half the paint charge, whereas my view is that he’s responsible for it and should foot the bill himself. I feel I am justified here but please let me know if I am in the wrong.

    We are both on the lease and the accounts department of the apartment we rented says we are both legally responsible. Is there a way I can make him pay for this or am I out of luck as we are both on the lease? I had called the front office and they even made a note about how my roommate came and worked with maintenance to try and patch the holes but failed. I was told maybe I would be less responsible given he is the “head of household” on the lease. Is any of this true and what can I do in this situation?

    Thank you!!

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Roommate is Not Paying His Share for Damages He Caused - if We Are Both on the Le

    You are both equally responsible. What you can do is sue him for his share if you pay them all to the landlord.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Roommate is Not Paying His Share for Damages He Caused - if We Are Both on the Le

    Quote Quoting Happydonuts5
    View Post
    We are both on the lease and the accounts department of the apartment we rented says we are both legally responsible.
    That's correct. Regardless of how you sort this out with your former roommate, both of you are jointly and severally liable for 100% of the damage. Obviously, your landlord doesn't give a rip about who pays as long as someone pays.

    Quote Quoting Happydonuts5
    View Post
    Is there a way I can make him pay for this or am I out of luck as we are both on the lease?
    I have no idea what "make him pay" means (are you going to go and kick his ass to get him to cough up the $$?). You didn't mention how much the landlord is seeking, but if it's sufficiently significant, unless the landlord gets paid, you both can expect to be sued. Otherwise, this will likely turn up on your credit reports. If you can't convince your former roommate to pay, then you can each pay half and you can then sue your former roommate in small claims court.

  4. #4

    Default Re: Roommate is Not Paying His Share for Damages He Caused - if We Are Both on the Le

    Thank you both! It sounds like it would be wise to first pay half and then sue for small claims? I was more asking if there a way for me to get the landlord to attribute the wall damage cost to my roommate only. Is there a way to do this?

    If I had to pay half and was going to sue what’s the process and what proof is needed? I only have a text that suggests we are discussing a TV mount and my roommate claiming there would be no alterations to the wall. Finally, for small claims is the process long and are the legal fees significant?

    My current plan is to sit and wait because the billing folks told me it comes down to who cares more about their credit score.

    At this point emotion is getting the better of me as the fee is relatively insignificant and I more want to prove a point. If suing and winning could have a lasting effect on my roommate then I would strongly consider doing it.

    Thanks again!

    The aggregate charge is ~750 and the piece we are dispiriting is about 200, so split it really isn’t much. I’m likely caught up in anger but just want to prove a point and wonder what measures I can legally take to do so

  5. #5
    Join Date
    Jul 2014
    Posts
    173

    Default Re: Roommate is Not Paying His Share for Damages He Caused - if We Are Both on the Le

    The landlord will not resolve this or get involved if they are smart. They will expect payment or ding you both in the ways mentioned above.

    I agree you might want to pay your part to avoid issues with the landlord, then take the dispute up with your roommate however you see fit. I propose doing so when you are calm in order to maintain rationality for best results.

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Are You Liable to Your Landlord for Damage Caused By Your Roommate
    By annie123 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-10-2017, 11:54 AM
  2. Roommates: Are You Liable for an Injury to or Caused By a Roommate Who is a Minor
    By Diverdown2u in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 09-06-2017, 09:09 AM
  3. Roommates: Is Your Roommate Liable if Her Cat Damages Your Property
    By masburhpets in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 09-02-2017, 04:50 AM
  4. Am I Liable for the Damages Caused By Someone Else
    By syphrin in forum Personal Property
    Replies: 2
    Last Post: 06-08-2010, 11:50 AM
  5. Moving Out: Am I Responsible For Damages Caused By Former Roommate?
    By 1stressedoutguy in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 09-18-2008, 12:52 PM
 
 
Sponsored Links

Legal Help, Information and Resources