Ask Me Help Desk - My Roommate destroyed our apartment

Our lease is up march 1st and she has for the last six months destroyed her part of the apartment. What I mean by this is she had a dog that she let have free reign of her room, she would leave for weeks at time and the dog would just be left in the room. I wouldn't know she was gone since I have a completely opposite schedule then her. The dog would tear up everything in the room. She has since moved out and is still paying me the rent but also has not started taking care of the mess that her dog left. Since its getting down to crunch time and I'm tired of being put off, my boyfriend and I went into the room Tuesday 19th and hauled out 13 bags of garbage and put her belongings in 8 separate bags. What we found under the filth was even worse. The dog had completely soiled the carpet and it is pbvious that the complex will have to remove the carpet. I have already talked with the complex and they say that we will both be responsible for paying for the damages to that room. Since we both signed on the lease which I understand. I'm wondering if I'll be able to take her to small claims court to recover what I pay the complex to fix her mess. I have pictures of everything, before, during, and afters. She is currently living in Ohio and I know that's where I'll have to file. All I want to do is be able to be made whole for the neglagance she exhibited on behalf of her dog. The damage is complete contained to the back bedroom which she alone used

How much was the deposit and how much of it did she pay?

Our deposit was only 99 and she paid half of it. So the deposit won't really cover the cost of replacement. The complex told me that it would be a round 500 to replace the carpet and pad, there are other things in there that probably wll have to be replaced as well like sink counter tops

It sounds like you have some contact with her. You did say she is sending rent. I'd want to either get her on a phone or better, talk to her in person about this. Tell her she needs to stand up to her responsibility. Can you get in touch with her parents? I would try to talk with them. They may also be able to put some pressure on her to do the right thing. On the other hand, they are probably responsible for how she got this way. Anyway, it is worth a try.

After that, there are a couple of ways to go. I assume from your post that this apartment is in a state other than Ohio. Does she have ties to the state with the apartment? If so, you need to start your small claims action there. If you win and she has any property there, you could get a lean on it or if she ever moves back you will be able to take action. I don't know if you can go to small claims in Ohio since that is not where the action took place and I'm certainly not an expert on tort law.

I don't know if you have taken small claims action before, but get ready for a real education. It will not be easy and it will take some time.

You might scout around and find someone who could come in and fix the carpet and pad for less than the complex would charge you. What's wrong with the counter top? Your boyfriend might be able to fix it or maybe he has a friend who could. The folks at home depot or loews or something similar can be very helpful. You could go there and explain what you need done. They might be able to walk you through it. You'd have to do a good enough job that the complex approves it, but I bet you can negotiate with them.

I'm not hopeful that you will be able to get the satisfaction you are looking for. You might only come out of this having learned a lesson about being careful who you trust. Trust can be a tough thing to judge. A good way to go is to trust, but verify. I think Regan said that.

Quote:

Originally Posted by rodandy12

It sounds like you have some contact with her. You did say she is sending rent. I'd want to either get her on a phone or better, talk to her in person about this. Tell her she needs to stand up to her responsibility. Can you get in touch with her parents? I would try to talk with them. They may also be able to put some pressure on her to do the right thing. On the other hand, they are probably responsible for how she got this way. Anyway, it is worth a try.

After that, there are a couple of ways to go. I assume from your post that this apartment is in a state other than Ohio. Does she have ties to the state with the apartment? If so, you need to start your small claims action there. If you win and she has any property there, you could get a lean on it or if she ever moves back you will be able to take action. I don't know if you can go to small claims in Ohio since that is not where the action took place and I'm certainly not an expert on tort law.

I don't know if you have taken small claims action before, but get ready for a real education. It will not be easy and it will take some time.

You might scout around and find someone who could come in and fix the carpet and pad for less than the complex would charge you. What's wrong with the counter top? Your boyfriend might be able to fix it or maybe he has a friend who could. The folks at home depot or loews or something similar can be very helpful. You could go there and explain what you need done. They might be able to walk you through it. You'd have to do a good enough job that the complex approves it, but I bet you can negotiate with them.

I'm not hopeful that you will be able to get the satisfaction you are looking for. You might only come out of this having learned a lesson about being careful who you trust. Trust can be a tough thing to judge. A good way to go is to trust, but verify. I think Regan said that.

Sorry but there is some misinformation here -

I am not aware of any Small Claims Court which will allow you to lien on someone's personal property in a living situation. You will get a judgment and then it's up to you to enforce it through garnishment, liens, whatever. Most of the time you cannot lien personal property such as clothing, appliances, nor is it worth your time. I have never found Small Claims Court to be difficult but that is only my experience.

You also cannot get someone to fix the carpet and/or countertop without the prior permission of the landlord - you could spend your time gathering estimates and present them to the landlord but I am sure your standard of repair (as the person moving out) and the apartment owner (who will be renting it to someone moving in) will differ and so most landlords do the work themselves and bill the tenant. If you don't pay the landlord, of course, he/she will have to take you to Small Claims Court and prove the repairs and justify their cost.

I have had tenants have a friend do repairs and do them poorly and then move out - and then the cost of repairing the repair is higher than if they had left it alone.

Your lease could very well be very specific about who does the repairs.

Just a thought here, it may take more than carpet and pad for total repair of the flooring. Depending on what flooring you have underneath, the flooring might have to be replaced. Pets left unsupervised can do nothing but try and take care of their business. Not their fault their owners deserve to be leashed.

You are really in a tough spot. If your roommate does not come across with the damage repair then taking care of this in court might be the only method you have to regain your costs.

File a claim in small claims court. Have pictures and whatever other evidence you can muster. It would seem reasonable that any judge would order your roommate to reimburse you for your half of the expense, since the damage occurred as a result of her neglecting her dog.

Quote:

Originally Posted by Serenity200404

Our lease is up march 1st and she has for the last six months destroyed her part of the apartment. What i mean by this is she had a dog that she let have free reign of her room, she would leave for weeks at time and the dog would just be left in the room. I wouldn't know she was gone since i have a completely opposite schedule then her. The dog would tear up everything in the room. She has since moved out and is still paying me the rent but also has not started takin care of the mess that her dog left. Since its getting down to crunch time and i'm tired of being put off, my boyfriend and i went into the room Tuesday 19th and hauled out 13 bags of garbage and put her belongings in 8 separate bags. What we found under the filth was even worse. The dog had completely soiled the carpet and it is pbvious that the complex will have to remove the carpet. I have already talked with the complex and they say that we will both be responsible for paying for the damages to that room. Since we both signed on the lease which i understand. I'm wondering if i'll be able to take her to small claims court to recover what i pay the complex to fix her mess. I have pictures of everything, before, during, and afters. she is currently living in Ohio and i know thats where i'll have to file. All i want to do is be able to be made whole for the neglagance she exhibited on behalf of her dog. The damage is complete contained to the back bedroom which she alone used

Ok let me just state that she has nothing, her car was destroyed from lack of maintenance, all she owns are 8 bags of clothing which are in our apartment, I have contact with her through work but she just lies, lies about everything, Secondly her parents are worse then her so it won't do any good to talk to them and she is 25 years old she should be old enough to handle things on her own

What happened to the dog? Has she moved in with someone else with it? Might be nice to warn them.

She is now living with her boyfriend, the dog is with her and since she is so fake she'll be on her best behavior for him. So that's that.