If we had a roommate that destroyed our apartment but wasn’t on the lease, are we now resposible for the $1000 in damages?

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If we had a roommate that destroyed our apartment but wasn’t on the lease, are we now resposible for the $1000 in damages?

The roommate is not willing to pay anything she feels she shouldn’t have to. What do we do?

Asked on December 2, 2011 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the roommate is not on the lease but you are, then you would liable to the landlord for the damages, and he/she could take it out of your security deposit and/or sue you for the money. As the renter(s), you are responsible for all damage done by you, your friends, your guests, your roommates, etc.

You, however, could sue the roommate if you believe you could show that (s)he caused the damage either intentionally or negligently (carelessly); you could look to recover your losses from the roommate.


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