To recover damages from a roommate who has not paid rent or caused damages, you can take the following steps:
1. Send a Demand Letter: Write a demand letter outlining the amount of rent owed or the cost of damages and give the roommate a reasonable deadline to pay. Keep a copy of this letter for your records.
2. File a Small Claims Lawsuit: If the roommate fails to respond to the demand letter or refuses to pay, you can file a small claims lawsuit in your local court. You will need to provide evidence of the joint lease agreement, proof of unpaid rent or damages, and any communication you had with the roommate about the issue.
3. Obtain a Judgment: If you win the lawsuit, the court will issue a judgment against the roommate for the amount owed. You can then take further steps to enforce the judgment, such as garnishing the roommate's wages or placing a lien on their property.
4. Mediation or Arbitration: Before resorting to legal action, you might consider trying mediation or arbitration to resolve the dispute. These processes involve a neutral third party who helps facilitate a resolution between the parties.
It's important to note that laws regarding joint leases and tenant rights can vary by state and jurisdiction. Make sure to consult with a local attorney or tenant advocacy organization if you need further guidance or advice.