Am I liable to pay a roommate back if they pay the entire security deposit and get charged cleaning fees by the landlord?
1 attorney answer
Unless otherwise specified in the lease, all of the roommates are likely jointly and severally liable for damages to the apartment. This means that the landlord may pursue recovery of damages from one or all of the roommates. If one tenant pays all or most of the damages to the landlord and the other tenants do not, then the paying tenant may be able to pursue the other tenants in small claims to recover some portion of the original damages. In small claims though, the issue will be proving whether there was an agreement among the tenants to equally divide those damages among themselves. Without a written agreement among the tenants in place, proving a breach of that agreement can be very difficult. Consult with an attorney who can review your options with you. Many offer free consultations.