If 2 people are on a lease and carpets have to be replaced but it’s 1 person’s fault, how does the payment get split?

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If 2 people are on a lease and carpets have to be replaced but it’s 1 person’s fault, how does the payment get split?

Do I have to pay half of the cost of carpet replacement if I have a roommate who ruined them?

Asked on April 9, 2012 under Real Estate Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Between the two of you, you have to pay the landlord the full reasonable cost of the carpet replacement. The landlord does not care which of you was responsible, or how you split the cost; if the landlord is not paid the full cost (or takes the full  cost out of the security deposit), the landlord could sue either or both of you.

If you believe that your roommate is responsible and caused the damage either intentionally (deliberately) or by negligence (unreasonable carelessness), you could potentially sue your roommate to force him or her to pay more than half--or even all--of the cost. But if you and your roommate cannot voluntarily work out who will pay what, you would have to sue to get an enforceable determination and allocation.


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