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

UPDATED: Dec 2, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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.

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