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Okay here's my issue:
I am currently renting a two bedroom, with another person, I am the lease holder (along with my father as guarenter) and my roomate is as a occupant. Now, recently, about a few weeks ago, she left a light on the floor, for one of her terrariums, and it turned on by itself (its on a timer) and I found it in the morning, it had melted the carpet. Now I cut the melted part away to stop any furhter damage or mold, but now theres a hole in my carpet. I know itll need to be fixed, probably competely replaced... its a big living room.
Now I know Im the lease holder... but I did not cause the damage. Am I going to have to pay for her mistakes? Or is there some way I can tell the apartment management to billl her? Or would I have to get the cops involved (if they bill me and she wont pay me back for it)?
We've been here for about 5 months and do not plan on moving out any time soon.... so we still have the rest of the year. What do I do?
I have apartment insurance too... but would that pay for it? Would my insurance spike?
I have no idea on the insurance, not my area of expertise.
As to the responsibility, if you are the person on the lease, and the roommate is not, you are responsible for damage that happens inside the unit while you live there. Especially if the damage was caused by someone you allowed into the house. If you didn't cause the damage, and the person who did won't pay for it, you probably have to take them to small claims court. If you don't pay it, and your father is on the lease as a cosigner, the LL will attempt to collect from your father. If he doesn't pay either, the LL has the right to have a judgment placed against both you and your father and it will go on both of your credit reports.
However, after I read that again, I see the roommate is listed as an occupant. Did they sign the lease? If so, they are possibly jointly responsible with you. However, again, if they don't pay it, the LL is going to come after you and your father to get paid.
I doubt patching would work. The entire room will need replacing. Cost is variable depending on the age before you moved in. To give you an idea of how carpet is calculated...The life of carpet is about 7 yrs. So if the carpets 2 yrs old at move in, you owe 5yrs of carpet life... at lets say 500. for the room. Your percentage would be roughly 350.
Does your Landlord do inspections, do you plan to report the damage now?
Apartment insurance may cover the cost of the damage. It's definately worth contacting them.
Will the insurance go up? Possibly...
Luckily the whole place didn't burn to the ground... something like that was in the media when a terrariums lamp caused a 4-unit building to burn to the ground... taking with it the tenants prized reptile collection.
You said nothing in your post about talking to her about the damage. Did you talk to her and tell her she would have to pay for it? That would be a good first step.
I have a tenant that accidentally damaged the new Living Room carpet when a gallon bottle of bleach leaked in her shopping bag.
She had only been in the home for 2 weeks... The bleach really damaged the carpet and was very apparent covering an area more than 2'
No question it was an accident.
Anyway... just to show the character of some people... she is voluntarily sending in an extra $10 a month to cover the carpet and has been doing so over a year... she doesn't want it replaced for now and has a throw rug covering it.
Last edited by Ultrarunner; 02-10-2010 at 03:26 PM..
Reason: typo
I bet you can get it patched. I have had a carpet guy come in and patch a 1 foot by one foot piece of carpet. They have a tape they use for seams which gets melted on the backside of the carpet with a carpet iron. It's the same as when they seam a carpet for a big room. You just need to have a matching peice of carpet to do this. Did you get a deposit from the roommate? That's what deposits are for. My guess it will cost about $100 to get it repaired if you have a matching piece. Maybe tell your landlord about it first and see what he says. Cops wouldn't get involved. If she won't pay then you take her to small claims with photos and your lease.
Badcially read your contract. Its like any claim of danage;its either covered by a contract as to damages or thru the claim in a civil suit for damages. You are basically subletting to your roommate really.
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