Legal Question in Landlord & Tenant Law in Washington

Roommate skipped out. Small claims court?

A former roommate contacted me and asked me to move to another state to share an apartment with her. I made it clear I was on the brink of bankruptcy and could not afford to pay deposits or first/last month's rent, etc. She offered to pay the fees as I had been a good roommate in the past and it would be cheaper for her than a studio alone. She paid first and last month's rent ($750 each)and $300 deposit. We moved in in June. In September, she demanded I begin paying her back. December she moves out. We have a 1 year lease. She is now refusing to pay her last utility bills totaling $80. I would like to take her to small claims court to get her to pay her share of the rent for the rest of the lease period and the utility bills. I cannot afford to move out because I don't have money for deposits at a new place and I'm stuck in another state and don't want to live with a stranger. Do I have a case? I have proof of most of this in emails.


Asked on 1/13/06, 2:17 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Roommate skipped out. Small claims court?

I can't adequately answer your question unless the apartment where you live(d) is in Washington State. If the apartment is in Washington, then here is your answer:

Washington recognizes joint and several liability. That means the landlord can demand that whoever is on the rental agreement is responsible for all the payments due and owing, regardless of who lives there. That appears to be you.

Furthermore, if you default it is going to show up on your credit record.

You also have what is called a 'duty to mitigate' your damages. You likely could recover unpaid utility charges in small claims court, but the court is not going to order her to pay half the value of the rent between now and next June. Get another roommate.

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Answered on 1/13/06, 2:24 pm


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