Who’s liable for actions of party guests?

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Who’s liable for actions of party guests?

No lease. My roommate owns the house and allows people to live there for free, smoke pot and grow large amounts of marijuana in the basement. There is mold so bad that the tiles are falling into the disintegrating walls that she refuses to fix and the washing machine has been broken for a month and a half. She also has huge parties all the time and at the last, $1,100 worth of my stuff stolen. Just wondering what the opinion is on whether she’d win a lawsuit for the $250 I could potentially owe her for moving without notice?

Asked on November 19, 2011 under Real Estate Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically if a tenant has a party and things get out of hand the tenant is primarily liable for any and all injuries and damages depending upon how the third party has been damaged. Meaning, if the third party was injured due to dangerous conditions of the property caused by the tenant, the tenant would be liable.

However, if the third party was damaged as a result of conditions of the property known to the landlord or that he or she should have known, the landlord would be possibly responsible. Whether or not your roommate would win the $250 that you potentially owe her for moving without notice depends upon the reasons for why you need to move. If it is due to illegal conditions at the unit, you might possibly prevail.


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