This is in Colorado....
Here's the backstory, you give the answers.. Thanks in advance.
I've had a roommate since Nov 2006, I made him sign a 6 month lease(pretty standard deal bought at a Staples, lawyer said it all checks out). The lease has/had a provision that upon expiration it would become a month to month deal. We did that up until Nov 1, 2007. At that time I gave him a new lease effective Dec 1, 2007. The only noticable change was that the rent would rise a certain amount per month, and he would now be required to pay half of the utilities. I've let him have cable, heat, water, internet, phone for free for a year; so I thought it was pretty fair to charge him an extra $50 for everything. He decides he doesn't want to sign the lease and I say fine, your last day will be Nov 30th. He asks if I will let him stay through end of year, and I allow this under the agreement that higher rent is paid. Rent is always due on the 1st of month, I've let him pay a few days up to a week later several times, but I'm ready to get rid of him, so told him it was due on the 1st no ifs, ands, or buts this time. Fast forward to today: I've been paid $300 of the $500 that is due. I've now chosen to exercise the clause of a $25 late fee for now having rent on time. So he now owes $225. I just looked up my state law on evictions, and see I'm required to post a 3 day notice that I intend to have the sheriff evict him. I will do that tomorrow, but here's the brunt of my question. There is a clause in the lease concerning damage of property, and a rent abatement to cover damages. He's broken a door, messed up wall paint, and then typical stuff like carpets in his floor need shampooed etc. Do I just take the cost of the door, paint, carpet shampooer out of what he's paid me and then he gets a pro rated amount back? How would you handle this?