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  1. #1
    Join Date
    Jul 2005
    Location
    Colorado
    Posts
    1

    Default Issues With Landlord Over Security Deposit

    We live in Colorado and recently (30 days ago) moved out of a house rental. We paid 1850 for our security deposit (1250 for deposit, 600 for pet deposit). We just received our check from Landlord for $584.00.

    The points of contention are scratches on the deck, screen door, and a chip in the stove surface, as well as a bathroom sink. Scratches on the deck were from dogs, we don't know if it was ours or theirs, but could be repaired with deck stain. The screen door was ripped and torn when we moved in. AFter a major wind storm, the screen was really torn, and flapping against the window, scratching it....we proceeded at that time, to cut the remaining couple inches off that had it dangling from the window. The scratch on the stove is really a mystery. We thought it must have been there when we moved in because we don't remember doing it, but who knows. For those 3 things, they are charging 647.42.
    They say that they have receipts or Bids for these charges, although we have yet to see them.

    The bathroom sink, was checked as o.k. on the final walkthough. It was my bathroom, and for 14 months, I used it, with no problems. They are charging $384.91 for that.

    On their check to us, as well on a letter, they wrote, "Endorsement of this check signifies acceptance of thise refunded deposit as the total return of this deposit less incurred expenses".

    We are writing a "seven day letter" which in Colorado, gives a landlord 7 days to refund complete deposit, or tenant can sue for 3 times the amount.

    Can you give me some pointers on how to handle this and the main points that I may need to bring up in court.

    Ironically, right before we moved out (3 weeks before), the temperature was really hot, and our house runs on a swamp cooler. We called the landlord to ask him to turn it on, and found that he was in Alaska for 3 weeks. It was unbearable. He came back after that time, turned it on, and there was something wrong with the plumbing, which caused the downstairs to be covered in water. We asked for part of the rent back for that month, due to the fact that the conditions were unlivable, however, we had to live there due to the fact that we were packing to move. He did return part of the rent back, but had us sign something stating that we would not sue for the inconvenience at any time.

    PLEASE HELP!!!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Small Claims Issues - Landlord-Tenant

    A hearing officer or judge at a small claims court is typically very much aware of the law pertaining to security deposits, and what a landlord can reasonably charge. For example, if there is a scratch in a sink, that might be a basis for a charge to fix the scratch, but it would not ordinarily be a basis to charge for a whole new sink. (It might even be "normal wear and tear", which is nor ordinarily a proper subject for a deduction from a security deposit.)

    You would want, as much as possible, to be able to establish that you didn't cause the damage, that any damage you caused was normal wear and tear, and that the amounts charged for repair or replacement are excessive.

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