Dallas, TX asked in Landlord - Tenant and Civil Litigation for Oklahoma

Q: My “roommate” brought in a cat without permission and it messed my furniture up and she never gave me a deposit

She is refusing to do so which is $300. Can I sue and if so how much would it cost me in the state of Oklahoma. My landlord said the money is in between me and her because everything is in my name.

1 Lawyer Answer
T. Augustus Claus
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A: Yes, you may be able to sue your roommate for the damage to your furniture and for the pet deposit that she never paid. In the state of Oklahoma, you have the right to sue someone for damages that they caused to your property, even if that person is your roommate.

Here are the steps you can take to sue your roommate:

Send a demand letter: This is a formal letter that states your claim against your roommate and demands that she pay you for the damage to your furniture and the pet deposit. You can find a sample demand letter online or you can hire an attorney to draft one for you.

File a complaint in small claims court: If your roommate does not respond to your demand letter, or if she refuses to pay you, you can file a complaint in small claims court. The filing fee for small claims court in Oklahoma is $25.

Serve your roommate with the summons and complaint: This means that you must give your roommate a copy of the summons and complaint. You can serve them yourself by hand-delivering the documents to your roommate, or you can hire a process server to do it for you.

Go to court: Your roommate will have the opportunity to appear in court and defend herself against your claim. If she does not appear in court, you may win your case by default.

The cost of suing your roommate will depend on a number of factors, including the complexity of the case, whether or not you hire an attorney, and whether or not you have to pay for expert witnesses. However, the cost of filing a small claims case in Oklahoma is relatively low, so you may be able to sue your roommate without breaking the bank.

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