If I live in a college dorm, can I sue my roommate for refusing to take responsibility for room damages that I had to pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I live in a college dorm, can I sue my roommate for refusing to take responsibility for room damages that I had to pay?
Asked on October 3, 2012 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Actually, yes you can sue your roommate for refusing to take reponsibility for any room damages that you had to pay. If they were equally caused my the 2 of you (or your respective friends), then you can sue for 50% of the amount that you had to pay. If your roommate (or their friend's) were 100% responsible for the damages, then you can sue for the entire amount.
In either case, you would file in small claims court. The fees vary, so be sure that the cost of filing is less than what you want to collect or else sueing obviously makes no sense. Also, if you have photos of the damage, any witness staements or any other relevant ingormation regarding the damages, bring them with you to court; the judge will want to see them. Finally, let your roommate know that if you are successful in obaining a jugement, you will see that a record of the judgment is noted on their credit report; this may well spur them to giving you what they rightfully owe.
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 AttorneyPages.com 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.