QUESTION
Is it possible to sue my roommate for not paying rent?
Asked on Sep 11th, 2012 on Landlord and Tenant Law - New York
More details to this question:
During May when our lease was ending, we had to pay our final rent of $950 and my roommate skipped out on 5 months worth of rent plus late fees, $2100. I wasn't aware she didn't pay and the landlord refuses to return my $250 safety deposit because they needed to make up for their loses. I tried contacting my roommate but she changed her phone number and all I have is her address. I want to sue her for at least $500 for the trouble she has caused me but legally, would I have a case and not suffer repercussions?
8 ANSWERS
Dennis P. Mikko
If the agreement was that she would pay one-half of the rent, you could file a suit against her for her portion of the rent. This probably would best be done in small claims court.
Answered on Sep 16th, 2012 at 2:49 PM
Kevin Elliott Parks
You can certainly try to sue her, although I'd imagine it likely will be difficult to actually collect the money, even if you win. It's somewhat unclear whether you can sue her for $500 for the trouble this has caused you, but if you were on the lease together and she failed to make payments, you likely can sue her for the $2100 she owes you. It's possible to do so in small claims court, though with claims under $10,000 it may also be possible to have an attorney represent you on a contingency fee, where they're not getting paid unless you win. Best of luck in trying to find a resolution to this matter.
Answered on Sep 16th, 2012 at 2:48 PM
If you can prove that she was your roommate and owes you the rent you should consider a small claims action. You should consult the small claims advisor about how to proceed.
Answered on Sep 16th, 2012 at 2:47 PM
Leonard A. Kaanta
Yes, you can sue her in small claims court.
Answered on Sep 14th, 2012 at 11:43 PM
Yes. You sue her for "contribution"... that is, for her share of the money you had to pay the landlord.
Answered on Sep 14th, 2012 at 6:45 PM
Your roommate is liable to you only if the landlord actually collects more than half of what was owed from you.
Answered on Sep 14th, 2012 at 6:32 PM
Lisa Hurtado McDonnell
You can sue her for the amount of your damages $250 plus court costs in small claims, however, are you sure it worth it? If you taken her to court will she pay? If not then you have spent more money and time? If she doesn't pay then you would need hire an attorney to collect and then they would charge you more money.
Answered on Sep 14th, 2012 at 6:26 PM
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Yes you can sue her.
Answered on Sep 14th, 2012 at 6:20 PM