Can I sue my roommate for the damages that she caused me?

UPDATED: Apr 18, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 18, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue my roommate for the damages that she caused me?

I need to sue a roommate for leaving in the middle of a lease. She refused to sign the lease settlement unless I offered to pay the entire portion. I am now trying to sue her for my entire damages that she caused. But since I was forced to offer to pay the entire portion what advice do you have?

Asked on April 18, 2012 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you signed an agreement or settlement in which you agreed to pay the entire cost, you likely cannot sue your roommate to recover her share of those costs--you have already agreed to bear them. While you may feel you forced you to sign that, she did not coerce you from a legal point of view: in the eyes of the law, duress or coercion is the application of threats or leverage which is itself illegal or improper, like physical threats, blackmail, extortion, or threatening to take your property. But if she simply said she would sign unless you agreed to pay the entire portion, that is her right, just as it would have been your right to not sign the settlement, accept the consequences thereof, then sue your roommate for the losses, costs, or damages she caused you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption