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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Suing Roommate for Rent and Punitive Damages

    My question involves a roommate in the State of: NM.

    I moved out of this apartment almost 4 years ago, and had my roommate sign me off of the lease. I still have documentation showing rent was up to date upon my moving out, and with his signature indicating he would be solely and legally responsible for rent for the remaining duration of the lease. I applied for a loan for a new car, and discovered that the leasing company has had a collections notice for ME for $700 for the past 4 years, because he failed to pay the rent in full after I moved out. I just want it off of my credit score. If I pay the $700, could I sue him for it, because I still have the documentation? In addition, could I sue him for punitive damages, because of the damage it has done to my credit rating?

  2. #2

    Default Re: Suing Roommate for Rent and Punitive Damages

    Was this a lease with a landlord, where both of you were on the lease? If so, then your contract was with the landlord and only the LANDLORD could have released you from the lease. The roommate could no more legally absolve you of that contract than I could.

    If you've got something that shows that the roomate made a contract with YOU where they'd be responsible, then you can certainly take that evidence before a court and request the court to hold them to their agreement.

    The punative damages to the credit report will be a little harder issue - because the agreement between you and the landlord wasn't impacted by the new agreement with the roommate - and it's THIS breech that caused the hit to your credit report.

    NEVER NEVER NEVER take a roommate's word for changes in leases that involve a landlord. If you don't get it IN WRITING directly from the landlord, you've got to assume that all contracted agreements between you and the landlord are still in complete effect and enforceable. In other words, when you contest the amount owed to the landlord, you can bet that the landlord will show up in court with your name still on the lease. Unless you've got something signed by the landlord to contest this, the landlord has a valid complaint and avenues of collection.

  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Suing Roommate for Rent and Punitive Damages

    Quote Quoting aardvarc
    View Post
    Was this a lease with a landlord, where both of you were on the lease? If so, then your contract was with the landlord and only the LANDLORD could have released you from the lease. The roommate could no more legally absolve you of that contract than I could.

    If you've got something that shows that the roomate made a contract with YOU where they'd be responsible, then you can certainly take that evidence before a court and request the court to hold them to their agreement.

    The punative damages to the credit report will be a little harder issue - because the agreement between you and the landlord wasn't impacted by the new agreement with the roommate - and it's THIS breech that caused the hit to your credit report.

    NEVER NEVER NEVER take a roommate's word for changes in leases that involve a landlord. If you don't get it IN WRITING directly from the landlord, you've got to assume that all contracted agreements between you and the landlord are still in complete effect and enforceable. In other words, when you contest the amount owed to the landlord, you can bet that the landlord will show up in court with your name still on the lease. Unless you've got something signed by the landlord to contest this, the landlord has a valid complaint and avenues of collection.

    Yes, the lease was through a leasing office for the apartment. The release from the lease was a document drafted by the leasing office and signed by myself, my roommate, and the leasing manager, and was also notarized. The ROOMMATE did not absolve me of my responsibility, the LANDLORD did. They failed to report to the collections agency, however, that I was not responsible for any rent or fees after my move out date. Thus, both myself and my roommate were sent to collections, despite the fact that I was not responsible for any further charges after my move out date.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Suing Roommate for Rent and Punitive Damages

    Quote Quoting tinkbaby101
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    In addition, could I sue him for punitive damages, because of the damage it has done to my credit rating?
    You have to check your states law, either statutory or case law on that. On the old People's Court show from CA, Judge Wapner said PD are available for only 3 elements, fraud, oppression or malice. Your
    state may or may not be similar.



    Here is a state by state PD chart, the header states although it is for medical malpractice, it encompasses mostly all torts. Scroll down to
    NM.




    http://stuff.mit.edu/afs/sipb/contri...ts/RL31721.pdf

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