Regarding return of security deposit

[smkat]

What is the name of your state? CO

Regarding the return of deposit. If the landlord doesn't return the deposit within the 30 days required, do they have to send an invoice showing what the deposit was being used for, or would a letter simply saying they're keeping the deposit be enough? According to http://www.ext.colostate.edu/PUBS/CONSUMER/09903.html it sounds like a letter saying they're keeping the deposit isn't enough, but I want to be sure. They sent us a letter just saying they didn't like the condition of the house and they will replace the carpet, hired a cleaner to scrub the fridge (even though it was spotless... whatever), etc. But nothing listed what the cost of those supposed damages were. We took pictures when we moved out and there were no damages like what they are saying. We completely scrubbed the house down, even cleaned the carpets. They wouldn't give us an exit walkthrough though either.

 

[IrishNodak]

Nope not enough. They have to send you a list of the damages and amounts they are withholding within the 30 days. To your last known address.

Painting and carpet cleaning are considered normal wear and tear unless you had something unusual happen or weren't there very long.

You can sue them in small claims and in Colorado even if you file the suit the burden of proof is on THEM to prove the damages they are withholding.

If they didn't send you notice within the 30 days they aren't entitled to keep any of it.

 

[smkat]

Thank you... that's what I thought, but I admit, when I read legal stuff my eyes glaze over and my mind goes numb ~laughs~

So since our lease was up on October 31st that means that if we don't receive another letter from them giving details by November 30th we can pursue in small claims court, right? Or is it 30 business days?

We were there for a year, a family of four... the carpet was a little worn now, but it was old and worn when we moved in too. The walls were spotless, etc. The only thing I would agree to being withheld is there were some weeds in the yard, but nothing more than was there when we moved in.

Umm... how do I proceed with small claims court (when it's time)? Is it just a form and court fee, or what?

Thanks again!

 

[IrishNodak]

So since our lease was up on October 31st that means that if we don't receive another letter from them giving details by November 30th we can pursue in small claims court, right? Or is it 30 business days?

So they initially sent you a letter that just said, "we are keeping your deposit for repairs?" Did they send it CRR? You need to send them a "7 day demand letter" per Colorado statutes. You need to quote the statute. Send it CRR and if they don't respond within the 7 days then you can file a suit in small claims court. I sent a demand letter this year in Colorado so if you would like help formatting it PM me.

You've been going through this a long time! I bet you are so glad to be away from them! Do you own now or are you renting another home?

 

[smkat]

That's pretty much it... it was a bit more rambly, but that's the gist of it. They did send it CRRR to the address we gave them.

I would love any help possible with composing a letter to them. I tend to get a bit emotional and I don't want to be inappropriate.

I am SO glad to be gone from them, it's unbelievable. We're renting still (bad credit and low paying jobs = not able to buy), but the landlords appear to be much better... they actually seem to understand about being landlords... they rent 4 houses on our street and have been doing it for several years, so I feel better with them.

 

[smkat]

Okay, it's officially been over 30 days now since our lease ended and we moved out. We have not received an invoice outlining the cost of repairs, etc. So, now time for the 7 day letter... is that a letter giving them 7 days to send either the deposit or invoice, or only the deposit? I really don't want to give them more time to send an invoice if we can avoid it. And regarding the 7 days, is that 7 days from the date we send the letter, or 7 days from the date they receive it? They rarely will go to the P.O. and pick up a CRRR letter so I doubt they'd even GET the letter.

 

[smkat]

We sent the letter and the PO made an attempt... now we're waiting to see if they pick it up. The 7 days notice of intent to file in small claims court, is that from the date the letter was sent, or received? What if they don't receive it?

Has anyone filed in small claims court before? Should I ask my questions in this thread, or start another one?

 

[IrishNodak]

It's 7 days from then they receive it. However, the PO will make attempts and then you will get it returned to you. Don't open it. Take that to court with you to prove to the judge you sent it. Good Luck!

 

[smkat]

So once we get it back we're good to go? Sounds good to me. Sorry to be such a pest... I just don't want to screw this up and basically shoot myself in the foot over it.