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  1. #1

    Default Roommate Left Early, Destroyed Property

    My question involves a roommate in the State of: California


    I signed a one year lease with my roommate in January 2009
    We were both on the lease
    I paid the deposit of $1100 and he gave me cash.
    Rent was $1100 per month.





    In September 2009, we decided to split ways.

    There was a domestic fight. He said "I'm going to destroy your life" and proceeded to destroy and dispose of several hundred dollars worth of merchandise that I had made. This includes handmade costumes that cost near $100 each in supplies/materials and original artwork. The cost of the material he destroyed, in estimate, was well over $500. This does not factor in potential sale of these items which would be much more. Just basic costs of the materials they were constructed of.
    He also reformatted my harddrive erasing all of my personal documents, records and artwork. This has no dollar value though.

    We then negotiated with the landlord to end the lease one month early on November 1st.

    The roommate found another apartment and moved out October 1st and refused to pay his last month of rent. $550.


    Both of us were on the lease until November 1st.

    I paid the full amount of October's rent on my own. $1100.

    The landlord returned the full deposit to me.




    This former roommate wants to sue me for his half of the deposit. $550.

    Do I have legal standing to withhold his half of the deposit as payment for the last month of rent? And/or for the destroyed personal property?
    I could probably sue him for the damaged property alone but I've been understanding of his situation and chose to let it go. It would easily amount to closer to $800 than the $550 he wants to sue me for.


    thank you.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Roommate Left Early, Destroyed Property

    You can countersue him for any rent he owes or damage he caused to your property.

  3. #3
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Roommate Left Early, Destroyed Property

    And, in your countersuit, it is fair to figure the damaged property at a value that you honestly believe you could have sold it for, not just the cost of materials. Be prepared to show how you determined the value.

    Destroying your hard drive also has a value. Estimate a dollar value of the lost data and the time that it took you, or will take you to restore to the state prior to the destruction.

    I'm guessing this would lead you to a much larger number than you are currently envisioning.

  4. #4

    Default Re: Roommate Left Early, Destroyed Property

    thanks.

    He says he's filed a suit against me for the deposit. I'm going to sit tight until I am served papers and then go to court for that.
    I've gone through emails and there is nothing saying that it would be okay for him to leave without paying the last month's rent. In fact, there is one where I told him that he can't just leave me to pay the entire month by myself.

    What is the likelihood that he will win this suit against me? What do i need to win this?

    I don't want to take money from him. I don't want to cause him harm. The security deposit covers his last month of rent and even without that, it would cover at least part of what he destroyed. I see no reason that he should be entitled at this point to his portion of the deposit. But thats the question really. Legally, am I in the right?




    I don't know if I have the heart or desire or even the time to bother with a counter suit against him. But if he did win this suit, I would countersue and it would have to be to the full extent of the CA small claims court since that limit ($1500 or so i believe) is probably less than the value of the merchandise but less of a pain than a larger suit would be. good to know i can sue for the full value though. There is plenty of email proof that he destroyed that property.

  5. #5
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Roommate Left Early, Destroyed Property

    Based on what you have posted, you are legally in the right. But, prevailing in any case is never automatic. If he presents his case well, and you tell the judge, "I don't think he's right", you could well lose.

    I believe the best approach for you, is to file a countersuit immediately if you are served. You'll be doing him a favor to show him what his nonsense is going to cost him. It will take you the time and the filing fees to do that. If this brings him to his senses, you can both drop your suits anytime you wish without going to court. If you do that, make sure that you put whatever agreement you come to in writing and that he actually does drop his suit. If you do go to court and win both cases, but don't want to actually take that much money from him, you can forgive any amount you decide not to collect. I don't think I'd do that, but you can.

    In short, don't wait for the outcome of the first case to file the countersuit. Oh, and by the way, the Small Claims limit in CA is $7,500.

  6. #6

    Default Re: Roommate Left Early, Destroyed Property

    thanks scott

    i've got a couple emails together showing him admitting to destroying art and re-formatting my drive as well as him saying he's leaving a month early. I'll wait til i'm served and then file the countersuit for a reasonable amount of what everything was worth.

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