My question involves landlord-tenant law in the State of: Colorado
I entered a lease as a co-tenant with a friend of mine. Each month I transferred 1/2 of the rent to him via electronic transfer ($600) and he would give the landlord the full amount of the rent ($1200). In terms of the security deposit, the landlord asked for $600 from each of us (1 month rent) and an additional $100 for each animal we would have living in the house. My roommate owned a cat at the time and contributed an additional $100, while I owned a cat and a dog and contributed an additional $200. I paid my roommate $800 and he paid the full amount of the security deposit to the landlord ($1500). I can't find record of paying my roommate the $800 I was responsible for in terms of the security deposit. It may have been paid to him in cash.
Things went sour with my roommate after about 6 or 8 months and I asked to leave. He would not allow me to begin the process of finding a subletter to take my place in the house and pay the remainder of the rent. He did, however, agree orally that he would pay my share of the rent for the remainder of the lease. I offered to come back and help clean the house at the end of the lease.
The lease ended at the end of June. My roommate resigned the lease on his own. The landlord has not returned my security deposit. From my research I can see that in Colorado the landlord has up to 60 days to provide information regarding receipts/deductions from my security deposit and to return the remaining portion (if any). I contacted the landlord after about 30 days and let her know that I am due this itemized list of deductions and the remainder of the deposit.
My roommate is contending that I am not due any security deposit because he had to clean my roommate due to animal stains/smell on the carpet and that there was a minor clog in one of the drains that had to be fixed. He rented a rug cleaner for about $50 and is trying to say that since he is employed at $28/hour that he is entitled to $28/hour for the time he spent cleaning this carpet. He is telling me that I should leave the landlord out of this. He says I owe him $2000+ for the rent he paid after I left. This was the portion of the rent that he orally agreed to cover.
Do I still have the legal right to collect my $800 security deposit (minus any itemized deductions for repairs/cleaning) from the landlord? If this went to small claims court, would I have any legal footing since all payments went through my roommate before being sent to the landlord? Would the fact that I may not have record of paying my roommate the money for my part of the security deposit come into play?