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  1. #1

    Default Am I Responsible For Damages Caused By Former Roommate?

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


    Cliffnotes at the bottom... but heres the details... I was in a 12 month lease of a townhouse property. I had one roomate that split rent/utilities for the duration. The roomate and her ex actually lived on the property for 6 months prior to me moving in. When they broke up, he moved out and I was asked by my friend to move in so she could afford to keep the place.

    So I agreed. I met with her and the landlord. Although her and her ex had to provide proof of job, credit reporting and pay a security deposit, I didn't have to do anything but sign the new lease.

    Once I moved in, my roomate had to leave for work in Canada for 8 months. During that time, i kept the place tidy and her brother occasionally checked in. My roomate had cats and so her brother would come to make sure they were healthy and also make sure I was forwarding all the mail.

    Everything was smooth.

    My roomate then came back home. She and I didn't get along at all. So I decided I would move out. One weekend while she was visiting her boyfriend, i moved everything out. During my move out, I accidentally put some holes in the wall of my bedroom. My roomate also texted me and asked me to leave my keys and the last months rent on the table. I advised her that I needed to come back to fix the walls, and she instead stated that she would take care of them.

    I say okay and leave the keys and everything there. I then get a call a little over a month later from the landlord. The place was left a disaster. Holes in all the walls, stains on the carpet of my room (from her cats I presume) and ripped up flooring in the kitchen (that was there when i moved in, caused by her animals scratching).

    The landlord states that in the lease, we were to provide a professional cleaning crew to do the carpets, by my old roomate told him that she scrubbed the carpets instead. Also, i never got any mail after I moved out, even though my roomate stated they would forward it to me. It was only after they found out I had a jacket of theirs to return that they forwarded the mail (over a month later).

    CLIFFNOTES
    I was not there the whole last month. My ex roomate stated they would take care of the walls that were damaged. I paid my last months rent, even though I wasn't there. Damage is being charged to me that was done by my ex roomie on their previous rent of the property. The carpet stains had to of been done after I moved out. If there was damage that I caused, why wasn't I contacted prior to the end of the lease. If the stains were mine, then why did my roomate insist on cleaning them instead of telling me to come back and clean? I had no way of getting back in since I had no keys. I have all text messages about the walls and mail saved.

    Do I have a case? Do I wait for the Landlord to sue us both for the $2,000 in damages, and then sue my roomate for my half? Or do I just pay the landlord what I think I owe? The landlord has been very good to me and has sent me a copy of all the repair work and reciepts. He states that he has to go after us both since we are both on the lease.

    Help me!!! Please!

  2. #2

    Default Re: Am I Responsible For Damages Caused By Former Roommate?

    If you were on the lease, you were jointly and severally liable for the damages to the landlord with your rommate. If the damages occurred before you moved in or after you moved out, the roommate may owe you for any damages assessed, but you both are still liable to the landlord. In the case of the holes you caused moving out, if the roommate wouldn't let you back to fix them, it would seem that the roommate was accepting responsibility for them. But again, your roommate may be liable to you, but you are both jointly and severally (individually) liable to the landlord.

  3. #3

    Default Re: Am I Responsible For Damages Caused By Former Roommate?

    Quote Quoting wally
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    If you were on the lease, you were jointly and severally liable for the damages to the landlord with your rommate. If the damages occurred before you moved in or after you moved out, the roommate may owe you for any damages assessed, but you both are still liable to the landlord. In the case of the holes you caused moving out, if the roommate wouldn't let you back to fix them, it would seem that the roommate was accepting responsibility for them. But again, your roommate may be liable to you, but you are both jointly and severally (individually) liable to the landlord.
    Based on that, do you think I have a good case against my roommate?

  4. #4

    Default Re: Am I Responsible For Damages Caused By Former Roommate?

    I can see where you would probably prevail over your roommate over some issues, but I don't know what you can prove and can't prove. If you wind up paying all the damages, you should have an easy time getting a judgment for half of the damages, barring some unforeseen situation.

    If you think I am being a little vague it is because what you are asking is legal advice and aaron will either edit my posting or delete it.

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