Can I sue my roommate for damages?

If your roommate owes you $10,000 or less, then you can sue in a California small claims court. If you are owed more than $10,000, you can still sue in small claims, but you agree to waive any additional amount you are owed. You would like to sue your roommate in small claims but the limit is $10,000.

Are guarantors liable for damages?

A landlord may require a guarantee before letting a property, with the guarantor being liable for unpaid rent and damage to the property.

Can a guarantor sue a tenant?

If the guarantor is independent of the tenant e.g. not a director of the tenant company, request that the tenant enter into a side deed with you as guarantor. If there is any breach by the tenant of those obligations, you will have an action in damages against the tenant.

Do I have any rights as a guarantor?

If you become a guarantor you might think that you are signing your life away – and you may be wondering if you have any rights. The answer is yes and no. For starters, being a guarantor means that you have an obligation to cover any payments that are not made by the main beneficiary.

What does it mean to act as a guarantor?

Being a guarantor involves helping someone else get credit, such as a loan or mortgage. Acting as a guarantor, you “guarantee” someone else’s loan or mortgage by promising to repay the debt if they can’t afford to.

What happens if guarantor Cannot pay rent?

If the tenant doesn’t make his rent payments, the landlord will contact the guarantor for payment. If the lease guarantor does not make the rent payments, the landlord can evict the tenant from the apartment and report the eviction to a tenant screening bureau.

How much can I Sue my roommate for?

In most cases, the best avenue for filing a civil lawsuit against your roommate is the local small claims court. Feel free to sue for the amount you are owed up to your state limit for small claims, which ranges from $5,000 to $10,000.

What kind of proof do I need to sue my roommate?

One of the most important pieces of evidence you’ll need in court (if you decide to sue) is proof that your roommate or cotenant was in fact responsible for paying a share of the rent. Usually, you’ll have one of the following: Lease. If you and your roommate both signed a lease with the landlord, you are considered cotenants.

What happens if your roommate fails to pay rent?

Landlords have the right to terminate a tenancy—and ultimately file an eviction lawsuit if necessary—when tenants miss a rent payment. So, when a roommate fails to pay the share of rent agreed upon, you might have to pay the full amount out of your own pocket in an effort to keep your rental. Your delinquent roommate isn’t off the hook, though.

What to do if your roommate owes you money?

(If the amount of money your roommate owes you is more than your small claims court’s limit, though, you might want to contact a local landlord-tenant attorney to discuss your options.) Filing a small claims lawsuit is inexpensive and fairly straightforward.

How much money can I Sue my roommate for?

You can sue for the amount you’re owed up to the state limit for small claims court, which usually ranges from $5,000 to $10,000. (If the amount of money your roommate owes you is more than your small claims court’s limit, though, you might want to contact a local landlord-tenant attorney to discuss your options.)

One of the most important pieces of evidence you’ll need in court (if you decide to sue) is proof that your roommate or cotenant was in fact responsible for paying a share of the rent. Usually, you’ll have one of the following: Lease. If you and your roommate both signed a lease with the landlord, you are considered cotenants.

Landlords have the right to terminate a tenancy—and ultimately file an eviction lawsuit if necessary—when tenants miss a rent payment. So, when a roommate fails to pay the share of rent agreed upon, you might have to pay the full amount out of your own pocket in an effort to keep your rental. Your delinquent roommate isn’t off the hook, though.

What are the risks of sharing an apartment with roommates?

Legal Risks and Downsides of Sharing an Apartment or House With Roommates. You might be liable to your landlord for your roommate’s mess-ups. Take some steps now to protect yourself. When two or more people sign the same rental agreement or lease —or enter into the same oral rental agreement—they are cotenants.

What is a small claims lawsuit in Arizona?

A Small Claims lawsuit is a claim against another party for damages of an amount less than $3,500.00. These lawsuits are designed to resolve civil disputes in front of a small claims hearing officer or a Justice of the Peace.

How much can a small claim suit cost?

Small claim suits cannot exceed $3,500. All cases are heard by either a judge or hearing officer, who then makes a decision. The decision is final and binding on both parties.