How can I fight the landlord charging me for total renovations when it was not necessary?
Full Question:
RE: A security deposit retained by landlord.
1. I rented apt for almost 3 years
2. I had a refundable security deposit and a seperate refundable pet deposit. A total of $895.00.
3. There were a number of burn holes the landlord found in carpet, at which I found maybe 5. The carpet was new when I moved in, and it was in good shape when I moved out except for normal wear and needed cleaning, and there was NO pet damage whatsoever.
4. The place had been remodled completely before I moved in.
5. I gave the appropriate 30 days notice, cleaned the apt, but I told the landlord she would have to take the shampooing out of my deposit.
6. Today I received a letter along w/ a total cost replacement ($1717.26) of the carpet for the whole apt, stating that there were to many burn holes to repair. They took all of it including the pet deposit, and I found out it is a new landlord who purchased this property recently. My neighbor also told me they are completely renovating the place. It did not need renovating.
Is a small claims in order? I think I was railroaded.
10/26/2007 |
Category: Landlord Ten... ยป Repairs |
State: Colorado |
#11034
Answer:
The following is a statute:
38-12-102. Definitions.
As used in this part 1, unless the context otherwise requires:
(1) "Normal wear and tear" means that deterioration which occurs, based
upon the use for which the rental unit is intended, without negligence,
carelessness, accident, or abuse of the premises or equipment or chattels
by the tenant or members of his household, or their invitees or guests.
(2) "Security deposit" means any advance or deposit of money, regardless
of its denomination, the primary function of which is to secure the
performance of a rental agreement for residential premises or any part
thereof.
38-12-103. Return of security deposit.
(1) A landlord shall, within one month after the termination of a lease
or surrender and acceptance of the premises, whichever occurs last,
return to the tenant the full security deposit deposited with the
landlord by the tenant, unless the lease agreement specifies a longer
period of time, but not to exceed sixty days. No security deposit shall be
retained to cover normal wear and tear. In the event that actual cause
exists for retaining any portion of the security deposit, the landlord
shall provide the tenant with a written statement listing the exact
reasons for the retention of any portion of the security deposit. When
the statement is delivered, it shall be accompanied by payment of the
difference between any sum deposited and the amount retained. The
landlord is deemed to have complied with this section by mailing said
statement and any payment required to the last known address of the
tenant. Nothing in this section shall preclude the landlord from
retaining the security deposit for nonpayment of rent, abandonment of the
premises, or nonpayment of utility charges, repair work, or cleaning
contracted for by the tenant.
(2) The failure of a landlord to provide a written statement within the
required time specified in subsection (1) of this section shall work a
forfeiture of all his rights to withhold any portion of the security
deposit under this section.
(3)(a) The willful retention of a security deposit in violation of this
section shall render a landlord liable for treble the amount of that
portion of the security deposit wrongfully withheld from the tenant,
together with reasonable attorneys' fees and court costs; except that the
tenant has the obligation to give notice to the landlord of his intention
to file legal proceedings a minimum of seven days prior to filing said
action.
(b) In any court action brought by a tenant under this section, the
landlord shall bear the burden of proving that his withholding of the
security deposit or any portion of it was not wrongful.
(4) Upon cessation of his interest in the dwelling unit, whether by sale,
assignment, death, appointment of a receiver, or otherwise, the person in
possession of the security deposit, including but not limited to the
landlord, his agent, or his executor, shall, within a reasonable time:
(a) Transfer the funds, or any remainder after lawful deductions under
subsection (1) of this section, to the landlord's successor in interest and
notify the tenant by mail of such transfer and of the transferee's name and
address; or
(b) Return the funds, or any remainder after lawful deductions under
subsection (1) of this section, to the tenant.
(5) Upon compliance with subsection (4) of this section, the person in
possession of the security deposit shall be relieved of further liability.
(6) Upon receipt of transferred funds under subsection (4)(a) of this
section, the transferee, in relation to such funds, shall be deemed to have
all of the rights and obligations of a landlord holding the funds as a
security deposit.
(7) Any provision, whether oral or written, in or pertaining to a rental
agreement whereby any provision of this section for the benefit of a tenant
or members of his household is waived shall be deemed to be against public
policy and shall be void.