By etc., I mean she claimed she had to spend a lot of money to clean it. The only other claims she stated was a cheap light fixture that fell from the ceiling lamp (and could have hurt someone) and a small cabinet drawer. That's it. She just said the money ran out. I live in Colorado and if I hire an attorney it might not be worth it to take her to court. Do I have any other options?
2007-08-22 09:50:34 · 18 answers · asked by bill w 1 in Business & Finance ➔ Renting & Real Estate
Certainly a lot of very faulty and UNTRUE advice being given
JP wrote:
"in most places you aren't responsible for cleaning either, as that's considered the landlord's job"
REALLY? Care to show me even ONE state that says the tenant isn't responsible for cleaning when their lease is up and they move out?
JP wrote:
"cleaning and minor repairs shouldn't be more than about $200, no matter where you live"
When was the last time you paid someone to clean? Ever had your carpets shampooed?
warriorbabe wrote:
"Also she must have a history of doing this to other people,do some digging for info on her(her character)"
Not admissable in court
Ananke wrote:
"many states require a return on deposit after the first year, regardless of condition of the property or status of the renter"
NOT TRUE
"even if it's not financially viable, some states penalize landlords that break even the smallest law. check your renter's rights and legal obligations. usually these can be found on the state's website. check and see if she's had other renter's that have a similar complaint. a history of bad business practices not only hurts her case, but could lead to a class-action."
a speck of truth and a whole lot of malarky
creative_brush wrote:
"small claims court, right is on your side"
And without PROOF, you can be as right as the day is long and lose in court. And 100-1 odds, original poster has no proof
---------------------------------------------------------------------------------------------------------------------------------------------------------------------
Now for some real fact based advice
1) the landlord is REQUIRED to send a written statement of damages, along with any security deposit refund, to the renter's last known address. It is important that you furnish the landlord with a forwarding address. Also file a change of address form with the local post office in case the landlord mails you a notice the address you just left.
2) When you leave an apartment, the landlord has one month (unless a longer period of time, not to exceed 60 days, is stipulated in the lease) to send to your last known address the full amount of the security deposit or a written list of the damages and the amount of money needed for repairs. If the deposit is larger than the amount required for repairs, the landlord must return the excess.
3) If the landlord does not comply with the law and fails to refund the deposit within one month (or up to 60 days if stipulated in the lease), or withholds any portion for normal wear and tear, or if you consider the reasons for withholding invalid and wish to pursue the matter, you can take legal steps.
go to the link below for more information on security deposits in Colorado
2007-08-22 10:16:36 · answer #1 · answered by Craig T 6 · 0⤊ 0⤋
Security Deposit Colorado
2016-10-21 10:13:08 · answer #2 · answered by trapani 4 · 0⤊ 0⤋
1. how long did you live there? many states require a return on deposit after the first year, regardless of condition of the property or status of the renter. (ie, even if you sign for another year)
2. what does your lease say? some leases have to have provisions for proof of damage.
3. do you have proof nothing was wrong/worth 800 bucks? if you can't prove your side, it's not really worth fighting.
4. even if it's not financially viable, some states penalize landlords that break even the smallest law. check your renter's rights and legal obligations. usually these can be found on the state's website. check and see if she's had other renter's that have a similar complaint. a history of bad business practices not only hurts her case, but could lead to a class-action.
5. The other answerer's give you the easiest option, small claims court. But I refer to my #'s 2 & 3. Know what your lease said, coz you signed it. And know your burden of proof.
2007-08-22 09:58:16 · answer #3 · answered by Ananke402 5 · 2⤊ 0⤋
Did you take pictures after your stuff was out, but before you turned in the keys? That will help if you did and have them.
It's pretty common for landlords to try to cheat and keep security deposits even if not justified.
You can take her to small claims court - that's probably your best move. Filing fees are very low, and you don't need a lawyer.
Good luck.
2007-08-22 10:13:46 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
In Florida, you have a limited time to do a claim on the charges to security deposit. But check this site to see what the rules are for Colorado. http://laws.uslandlord.com/laws/co.html
Depending on how long ago it was, you might not have any chance to have that amount reduced or taken away. But once you know your rights, see an attorney for advice, its easier than small claims court.
2007-08-22 10:06:18 · answer #5 · answered by artist9120 4 · 0⤊ 0⤋
Go to small claims court where you don't need an attorney. Unless there was significant damage to carpets or walls or something, cleaning and minor repairs shouldn't be more than about $200, no matter where you live.
Get a list in writing of what has been done and exactly how much it cost. Then go to court. (make sure you get everything in writing first--that way she can't make stuff up after she gets subpoenaed.) You are not responsible for painting, and in most places you aren't responsible for cleaning either, as that's considered the landlord's job.
2007-08-22 09:57:56 · answer #6 · answered by J P 4 · 1⤊ 3⤋
The landlord will have to produce bill (hopefully not fixed) to support her claims of having spent $ 800.
When you move out of an apartment it is advisable to take pictures of the apartment to show its condition. Videos are best.
You can go to small claims court and in effect be your own lawyer. You need only pay a small fling fee.
2007-08-22 09:57:50 · answer #7 · answered by DrIG 7 · 1⤊ 0⤋
ask her for copies of the cleaning charges...like the invoice for the cleaning and the repair bills or replacement costs of the fixture and drawer. it could be that the money ran out. it is very expensive to contract someone to do those things. that is why landlords have a deposit in the first place.
2007-08-22 09:56:06 · answer #8 · answered by outofmymind 4 · 1⤊ 0⤋
Save lawyer fees and take her to small claims court yourself.Make sure you have evidence such as pictures and or a witness.Also she must have a history of doing this to other people,do some digging for info on her(her character).Best of luck.
2007-08-22 09:56:17 · answer #9 · answered by warriorbabe 4 · 0⤊ 0⤋
Don't bother to pursue it.
You won't get the full amount back.
Always assume that the security deposit is gone the day you give it over.
BUT....
If you really want to fight, take her to court and sue for the amt PLUS interest. She'll have to demonstrate just where the costs went.
Also, in the future, take pictures when you leave. ALWAYS. You may not get the security deposit back, but it protects you from unscrupulous landlords
2007-08-22 10:07:32 · answer #10 · answered by hail_loki 3 · 0⤊ 2⤋