My roommate has invited 60+ people to our small apartment for her 21st in a few weeks. There will definitely be underage drinkers there and my landlord definitely would not be okay with the party. I'm planning on spending the night elsewhere, but could I be held accountable even though I was not there? We have separate leases and I'm over 21 (if that matters). I am moving the following week, so I am concerned both about the legality of it and about getting my deposit back.
2 Answers from Attorneys
If you are not there, and do not provide any alcohol, you will not be held criminally liable for the underage drinking. But if they damage the apartment you may lose your security deposit even though you were not the one that did the damage. You are still liable to the landlord for any damage to the apartment while you are on the lease.
If you have a separate lease presumably your roommate cannot infringe on the portion of the property you leased. You may want to rethink the plan of "I'm not gonna be there'