Legal Question in Landlord & Tenant Law in Nevada

I originally held a lease with two other people. The carpets in the apartment were damaged beyond recovery leaving the apartments no other choice but to replace them. All three of us were charged for the damage of $1200+, and both of my roommates are refusing to make any payments because they said it was my fault for the damage of the carpet. I have paid a little over 500 dollars on the outstanding balance, and I am unsure if I should pay off the balance completely and then take them to court, or if I should leave the balance where it is at and take them to court.


Asked on 1/12/11, 12:21 am

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

If all three of you signed the lease, it is most likely that each of you is equally responisble for the whole - just as when one roommate cannot raise his/her rent for the month, the others must make it up. The landlord is not responsible for chasing down individual tenants (or former tenants) . . . if they can catch up with one of the co-obligors, they are entitled to collect the full amount owed and leave it to you to catch up with your (former) friends.

You should inform the landlord you are working on paying down the balance, but trying to get the other tenants to contribute their fair share. Explain that you understand the property owner's difficulties, but you, too, are facing problems trying to get them to be responsible. That may buy you enough time to haul them into small claims court for their respective shares. Be prepared with a copy of the lease, photos, invoices from either the carpet layer or the landlord, and any other info that will help demonstrate they are on the hook with you. Even if you get a judgment against each of them though, you may still face trouble collecting on it, so don't attempt to get out of the debt on the basis that you have won the small claims case.

You are in a tough spot, and this is exactly the kind of trouble you will forever encounter, so long as you have roommates. It is an unfortunate fact of life that many people will duck out of their responsibilities if given the chance. They have left you holding the bag.

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Answered on 1/17/11, 10:17 am


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