roommates pet

[seralu72]

My roommates pet has damaged my new couch. Is she liable to pay what her deposit doesn't cover to fix my couch?

 

[jacksgal]

Clarify something. The couch is yours or part of the dwelling?

 

[seralu72]

It's mine. It's brand new.

 

[Duranie]

Are pets allowed on the lease? I would say yes, she owes you for damaged couch. did she ok this pet with you and the landlord?

 

[jacksgal]

Ok she owes you for your couch. I got that. How does that relate to deposit? Was deposit paid to you or Landlord? Are you subleasing a room?

 

[seralu72]

I'm on the lease. She rents room from me. Pets are ok. I knew she had a pet.
I was completely ignorant to the problems that can happen when living with a cat. I did get a deposit, but it wont cover the couch.
I have pictures of damaged couch. Getting a written estimate Monday for couch repairs.
I'm assuming I'll have to take her to small claims court. Can I include lawyer and court fees in settlement?

 

[jacksgal]

Yes they are part of your damages

 

[presutin]

I have to disagree with the previous posting. You don't need a lawyer for small claims court - that is the whole idea behind it since not everyone could pay for a lawyer when they didn't exist. You are your own lawyer in small claim courts. Also, fees will not be much - something around the $100 neighborhood and the magistrate is the only one who determines (if you win the case) if court fees are going to be awarded to you. I would try mediation with your roommate first - it is free, the court sets up all the appointments and usually produces good results. Contact the mediation court clerk on how to proceed in your case. Good Luck!

 

[jacksgal]

Let me clarify. No Attorney would be needed for Small Calims but Op could add any court costs, however small, to reward OP seeks. Court cost are part of OP's damages

 

[seralu72]

Great, thank you for all the advice. I appreciate it. I have more questions. My roommate moved out while I was at work today. She is obviously a real slimeball! Is it lawful for her to give me a 30 day notice? I know that's what I would have to do if I asked her to vacate. There will also be bills coming that she will owe me for. Can I include the rent that she would of paid for this next month? And of course the bills she skipped out on? She was pretty much on a month to month basis. We did verbally agree that she would live here for one year. That would of been up in Oct. What would be my chances of suing her for that too?

 

[presutin]

It all depends on what your lease agreement terms are with her. If she is a co-signor, then she is bound to the terms of the lease agreement, but if you are subletting and didn't draw up an agreement then things get a little sticky - it is your word against hers in court.