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  1. #1
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    Default Landlord Demanding All Payments a Week Before Lease Commences or Threatening to Void

    My question involves landlord-tenant law in the State of: Colorado
    I recently signed a lease and gave a $500 deposit, my landlord sent me a message today stating she would void my lease and keep my deposit if I did not pay her all of the deposit and first and last by Monday @ 5pm, the 25th of the month prior to my move in.. that is a week prior to my move in date. Can she do this?

  2. #2
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    Default Re: Landlord Demanding All Payments a Week Before Lease Commences or Threatening to V

    Quote Quoting Moldman69
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    Can she do this?
    What does the lease say?

  3. #3
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    Default Re: Landlord Demanding All Payments a Week Before Lease Commences or Threatening to V

    Quote Quoting Moldman69
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    My question involves landlord-tenant law in the State of: Colorado
    I recently signed a lease and gave a $500 deposit, my landlord sent me a message today stating she would void my lease and keep my deposit if I did not pay her all of the deposit and first and last by Monday @ 5pm, the 25th of the month prior to my move in.. that is a week prior to my move in date. Can she do this?
    She obviously CAN do it because she IS doing it.

    That being said, I don't see anything wrong with demanding that you pony up all the required money a week before moving in.

    However, that could change depending on the terms and conditions of the lease.

    You already signed a lease.

    Did you keep a copy?

    What does it say about completing the deposit and first month's rent?

  4. #4
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    Default Re: Landlord Demanding All Payments a Week Before Lease Commences or Threatening to V

    There is nothing in the lease about the security deposit necessarily being paid in full one week prior to move in... I need a couple of days more to get the total deposit together, I am waiting on a check which should be here Tuesday to finalize the deposit and first months rent. She states; Monday @ 5pm the lease will become void and she will keep my deposit... this does not seem to be a fair practice as my lease does not commence until September 1st of this year. The lease only says I must pay a deposit, It does not specifically specify when, but common sense prevails and I would surely pay it prior to move in, But to void my lease and retain my deposit over something that is not specifically in the lease and to demand it by Monday the 25th by 5pm is just not correct. Once again the lease does not specifically say the deposit is required a week before move in, it just says a deposit is required. I did give her $500 as a deposit to hold it and plan on giving her the remainder of the money within just a few days, but Monday @ 5pm is not possible, Wednesday @ 8am is when I will have the full deposit together, or possibly even Tuesday prior.
    Yes, I do have a copy of the lease, and it reads; " Tenant will have on deposit with the landlord, and will keep on deposit during the terms of the lease, the tenants $****.** on account, retained by the landlord as for security damages" and goes on to say the deposit would be used for damages or unpaid rent..

  5. #5
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    Default Re: Landlord Demanding All Payments a Week Before Lease Commences or Threatening to V

    Quote Quoting Moldman69
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    Yes, I do have a copy of the lease, and it reads; " Tenant will have on deposit with the landlord, and will keep on deposit during the terms of the lease, the tenants $****.** on account, retained by the landlord as for security damages" and goes on to say the deposit would be used for damages or unpaid rent..
    If the lease says the deposit needs to be on deposit with the landlord during the term of the lease, then it needs to be on deposit as of the date the lease term begins according to the words of the lease. Are you sure that is all the lease says about the deposit?

    I would assure her that you will have the full amount of the deposit to her on or before the beginning of the term of the lease as required by the lease. Personally I would make sure you get it to her before the first day of the lease as the lease likely begins at 12:00am on the first day of the lease.

  6. #6
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    Default Re: Landlord Demanding All Payments a Week Before Lease Commences or Threatening to V

    That is all it says about the deposit.. I read it many times before posting. I will borrow the money from a friend for a day, but I'm worried about this landlord now

  7. #7
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    Default Re: Landlord Demanding All Payments a Week Before Lease Commences or Threatening to V

    Quote Quoting Moldman69
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    That is all it says about the deposit.. I read it many times before posting. I will borrow the money from a friend for a day, but I'm worried about this landlord now
    I would be, too. Put all correspondence in writing making copies and proof of mailing or if electronically using an email account where the email is stored on a 3rd party server like gmail.

  8. #8
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    Mar 2013
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    Default Re: Landlord Demanding All Payments a Week Before Lease Commences or Threatening to V

    Quote Quoting Moldman69
    View Post
    There is nothing in the lease about the security deposit necessarily being paid in full one week prior to move in... I need a couple of days more to get the total deposit together, I am waiting on a check which should be here Tuesday to finalize the deposit and first months rent. She states; Monday @ 5pm the lease will become void and she will keep my deposit... this does not seem to be a fair practice as my lease does not commence until September 1st of this year. The lease only says I must pay a deposit, It does not specifically specify when, but common sense prevails and I would surely pay it prior to move in, But to void my lease and retain my deposit over something that is not specifically in the lease and to demand it by Monday the 25th by 5pm is just not correct. Once again the lease does not specifically say the deposit is required a week before move in, it just says a deposit is required. I did give her $500 as a deposit to hold it and plan on giving her the remainder of the money within just a few days, but Monday @ 5pm is not possible, Wednesday @ 8am is when I will have the full deposit together, or possibly even Tuesday prior.
    Yes, I do have a copy of the lease, and it reads; " Tenant will have on deposit with the landlord, and will keep on deposit during the terms of the lease, the tenants $****.** on account, retained by the landlord as for security damages" and goes on to say the deposit would be used for damages or unpaid rent..
    Then I would interpret that to mean that the deposit and first month rent is due any time up to move in and you would easily win your $500 back in court if she cancelled the lease on Monday and kept the money.

    I would also be a little antsy about the future relationship with this landlord and I suggest you keep the CO landlord tenant statute handy as your bible and study it carefully for your rights and obligations.

    It's Title 38 at the following site:

    http://www.lexisnexis.com/hottopics/Colorado/

    When you complete the money stuff and get the keys, and before you move anything in, I strongly suggest that you take dated digital photos of every inch of the place, inside and out, and keep them on file, even if you and the landlord do a written inventory.

    In the future, communicate only in writing with her, keeping careful records, and follow any appropriate statutory procedures to the letter when it becomes necessary.

  9. #9
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    Colorado
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    Thumbs up Re: Landlord Demanding All Payments a Week Before Lease Commences or Threatening to V

    Thank you for the advice and direction, I appreciate the link as well. I'm glad I joined the site and had such quick answers to questions. Thanks again

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