Countersuing Codefendent

hilsincolorado

New Member
Jurisdiction
Colorado
I want to countersue my codefendent in our eviction
(cease and desist) lawsuit. She is the only other person who is on the lease. She signed that lease with the verbal agreement to me (and "written" by signing the lease) to pay the landlord (and therefore me by extension) her half of the deposit ($2,385.00) as well as her half of the rent($1,180.00) each month. She was also to pay some.of our.other.expenses, such.as utilities (power
and gas) and food. SHE HAS PAID NOTHING. I paid all of the above in full for 4 months. She is also the main reason we're being evicted. She did not show up for the initial court proceeding and was therefore declared by the judge to.be "in default."
Possession of the property has been relinquished by both of us. However, the financial side remains to be decided. There will be damages assessed by the landlord and submitted to the court for payment (probably covered by security deposit) and there's a half month's rent outstanding; covering period of time I was no longer living there. She and her boyfriend were. They were solely responsible for ALL damages, because it was done intentionally (doors, windows, carpeting, cabinets and floors) by them to get me (vis-a-vie not getting back my deposit money). This is personal!
There probably is a criminal case I can report in the very near future. Certainly, I can file a small claims suit against her. The later will be fruitless as well as a lot of work. Her criminal behavior (primarily check and debit card fraud alongside some serious theft) which is known by law enforcement; but they'll agree it is difficult to remedy due to her past experience with stealing, hiding, selling, giving away any property in question. Plus a skirt is a skirt. How to actually "prove" that an article of clothing is mine, or xyz
trinket, or bedcover, etc. is mine (cops like to point out that "if" there's no "number" that will distinguish)...therefore they can't really DO anything about it. I do not get this. I also understand that this is a different topic all together, and it can be addressed later.
On topic, what legal remedy do I have to make my codefendent financially liable for her past due rental obligations? I also want her to pay any and all damages to the property because 1) I was not there. 2) damages were purposefully caused by her and,
3) She knowingly broke all her verbal and written "contracts" so can the court deem her liable??
I'm actually leaving a lot out. Laugh
or not; I am also sick and tired of the liars, thieves and cheaters WINNING or getting away with it EVERY TIME. When is the honest, hard working, trusting, generous people who they target going to come out ahead? When will I see my life begin resembling what it once was before meeting this con? Will I ever have my sentimental and valuable possessions returned or compensated for? Colorado honors the handshake agreement between two people; I truly wish I had never even said hello.
I appreciate your time,
My Best Always,
H.G.Long
 
I was no longer living there. She and her boyfriend were. They were solely responsible for ALL damages,

Well, you are wrong about that. Your signature on the lease makes you jointly responsible TO THE LANDLORD for any damages by whoever remained in the unit after you left.

When all is said and done there will probably be a judgment against you and your co-tenant for X dollars and the landlord will go after whoever is most vulnerable to collection.

That, unfortunately, is usually the "honest, hard working, trusting, generous people" instead of the deadbeat criminals.

what legal remedy do I have to make my codefendent financially liable for her past due rental obligations?

You already have your answer. You sue her for indemnification. But, as you say, "I can file a small claims suit against her. The later will be fruitless as well as a lot of work."

Well, there it is.

Sorry I can't be any help.

You are free to report her "crimes" to the police and hope that something comes of the report. You might get some satisfaction if she gets prosecuted but that isn't going to get you out from under the judgment.
 
I agree.
If she was a cotenant then her responsibility was to the landlord. She never owed you any rent or deposits.
If you did a sublease then she would owe you, assuming it was a valid sublease.
Regardless, you already know she won't pay and likely doesn't have the means anyway, so there is little use pursuing her over the damages.
The landlord will be coming to both of you about the damages and you seem the most likely to pay.
 
I want to countersue my codefendent in our eviction
(cease and desist) lawsuit. She is the only other person who is on the lease. She signed that lease with the verbal agreement to me (and "written" by signing the lease) to pay the landlord (and therefore me by extension) her half of the deposit ($2,385.00) as well as her half of the rent($1,180.00) each month. She was also to pay some.of our.other.expenses, such.as utilities (power
and gas) and food. SHE HAS PAID NOTHING. I paid all of the above in full for 4 months. She is also the main reason we're being evicted. She did not show up for the initial court proceeding and was therefore declared by the judge to.be "in default."
Possession of the property has been relinquished by both of us. However, the financial side remains to be decided. There will be damages assessed by the landlord and submitted to the court for payment (probably covered by security deposit) and there's a half month's rent outstanding; covering period of time I was no longer living there. She and her boyfriend were. They were solely responsible for ALL damages, because it was done intentionally (doors, windows, carpeting, cabinets and floors) by them to get me (vis-a-vie not getting back my deposit money). This is personal!
There probably is a criminal case I can report in the very near future. Certainly, I can file a small claims suit against her. The later will be fruitless as well as a lot of work. Her criminal behavior (primarily check and debit card fraud alongside some serious theft) which is known by law enforcement; but they'll agree it is difficult to remedy due to her past experience with stealing, hiding, selling, giving away any property in question. Plus a skirt is a skirt. How to actually "prove" that an article of clothing is mine, or xyz
trinket, or bedcover, etc. is mine (cops like to point out that "if" there's no "number" that will distinguish)...therefore they can't really DO anything about it. I do not get this. I also understand that this is a different topic all together, and it can be addressed later.
On topic, what legal remedy do I have to make my codefendent financially liable for her past due rental obligations? I also want her to pay any and all damages to the property because 1) I was not there. 2) damages were purposefully caused by her and,
3) She knowingly broke all her verbal and written "contracts" so can the court deem her liable??
I'm actually leaving a lot out. Laugh
or not; I am also sick and tired of the liars, thieves and cheaters WINNING or getting away with it EVERY TIME. When is the honest, hard working, trusting, generous people who they target going to come out ahead? When will I see my life begin resembling what it once was before meeting this con? Will I ever have my sentimental and valuable possessions returned or compensated for? Colorado honors the handshake agreement between two people; I truly wish I had never even said hello.
I appreciate your time,
My Best Always,
H.G.Long


Greetings, your horror story is another reason adults should not get entangled in roommate scenarios.

I suspect you will never have a roommate again, and I hope you think long and hard about marrying anyone.

Marriage can end up being a roommate nightmare, too.
 
I go back to court today to find out what the landlord's damage
report is. My covenant is long gone... I probably will be the loser here and I am of course the "good guy" who comes in last. The moral issues here are real and it seems, seldom brought to light. Also, what about the "contract
law" implied in a lease agreement? Alongside the lease.between landlord & tenant.... what about the handshake agreement between both tenants? Isn't there a reasonable expectation for payment due for rent, utilities, etc? Does a.tenants rights usurp his financial obligation to pay rent? Crazy questions arise from what seems a basic understanding between roommates, that is: "we share".
Right?
 
Crazy questions arise from what seems a basic understanding between roommates, that is: "we share".
Right?


AFOOFA = all for one, one for all

The person that gets screwed in most roommate scenarios is the person that was "talked" into going "halfsies".

If you a re unmarried, each and every contract should be in YOUR name alone.

The deadbeat never gets screwed, because deadbeats don't care.

Deadbeats have nothing to lose, which is why deadbeats "convince" the unsuspecting, trusting person to become their roommate.

Roommates rarely ever work out well, just look at marriages, they say HALF of them fail annually.
 
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