My Roommate Damaged the Apartment and the Landlord Took It from My Deposit
Respond within 30 days of receiving itemization -- Start with Step 1 below.
Most important first step: Understand joint liability on a shared lease
Step-by-Step Action Plan
Understand joint liability on a shared lease
If all roommates are on the lease, landlords can typically hold all tenants jointly liable for damage regardless of who caused it. This means you may owe the landlord even for your roommate's damage. Your recourse for your share is against the roommate directly.
Review the itemization and identify which charges relate to your roommate's damage
Go through the itemization line by line. Mark each charge and think about who is responsible. If you can document that specific damage was in your roommate's bedroom or caused by them, you have a basis for both disputing with the landlord and recovering from the roommate.
Gather any documentation that proves who caused the damage
Collect texts, photos, emails, or any written communication where the roommate acknowledged causing damage. A text saying 'sorry about the hole in my closet door' is valuable evidence. Move-in photos showing which areas were clean at the start also help.
Tip: Use GetItBack's free tool to understand how your state handles joint liability in deposit disputes.
Dispute any charges for damage you clearly did not cause
Send a written dispute to your landlord for charges you can document were caused by your roommate or that are not properly documented. Even in joint-liability states, landlords must have evidence linking the damage to the tenancy.
Sue your roommate in small claims for their share
If you end up paying for your roommate's damage, file a small claims case against them for reimbursement. Your evidence of their responsibility (texts, photos, acknowledgments) forms the basis of this claim. This is separate from your dispute with the landlord.
Frequently Asked Questions
Can I get out of paying for my roommate's damage entirely?
It depends on your state and lease terms. In most joint-liability situations, the landlord can hold any tenant responsible for the full amount. Your dispute is then with the roommate for their share, not with the landlord about who caused it.
What if my roommate refuses to pay me back?
File in small claims court against the roommate directly. Bring your documentation showing which damage they caused and any receipts for amounts you paid. Courts handle roommate reimbursement claims regularly.
Does a roommate agreement protect me?
A written roommate agreement that allocates responsibility for damage in specific areas of the apartment can strengthen your small claims case against the roommate. It does not, however, change your joint liability to the landlord.
What if the landlord charged for damage in a common area?
Common area damage is typically split between all tenants. If you believe the charge is inflated or the damage was caused entirely by your roommate, dispute it in writing with supporting documentation.
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