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04-05-2005, 07:12 PM
| | Junior Member | | Join Date: Oct 2002
Posts: 6
| | | tenant breaks lease, not paying
What is the name of your state? Colorado
Tenant moving out early, thinks security deposit should be used for last months rent, told him incorrect and to look at his lease which states that the security deposit is not rent and he is responsible for last months rent. he says not paying. can i keep his security deposit and sue him for last months rent? if I can sue what is my first step without an attorney? |
04-05-2005, 07:15 PM
| | Senior Member | | Join Date: Oct 2004 Location: Phoenix, AZ.
Posts: 2,467
| | | Your first step is to read your states LL/T laws... ALL your questions will be answered there...
__________________
Who's Liable? Chance are it's you!
A Money Order, or Bank Cashiers Check stub is NOT proof you paid rent. It's proof you purchased a Money Order or Bank Cashiers Check.
I am not a lawyer blah blah blah, This is an entertainment forum blah blah blah, basically I cannot be held liable!  |
04-05-2005, 07:19 PM
| | | | In CO you treat the security deposit as a security deposit. Go to court and get a judgement in small claims and dog him. The dems are taking over in CO so hurry on up. |
04-05-2005, 07:23 PM
| | | | Id be real particular in your asessment of the cleaning done on the unit, theres no law against paying the best for cleaning it for reletting it. Keep your receipts as if I have to tell you. |
04-05-2005, 07:45 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 4,426
| | Quote: |
Originally Posted by waiting4utopia What is the name of your state? Colorado
Tenant moving out early, thinks security deposit should be used for last months rent, told him incorrect and to look at his lease which states that the security deposit is not rent and he is responsible for last months rent. he says not paying. can i keep his security deposit and sue him for last months rent? if I can sue what is my first step without an attorney? | We can't tell you if you can keep the security deposit or not. You have to have a legal reason for that (under landlord/tenant law) and you haven't provided one.
You would be able to sue in small claims court.
Here is a site you should check out: http://resources.lawinfo.com/forms/coltsdww.pdf#search='Colorado%20tenant%20landlord%20law'
If your going to be a landlord, don't you think you should learn the "Colorado Landlord/Tenant Law"?
Last edited by Happy Trails; 04-05-2005 at 07:54 PM.
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04-12-2005, 06:12 PM
| | Junior Member | | Join Date: Oct 2002
Posts: 6
| | Quote: |
Originally Posted by absconder In CO you treat the security deposit as a security deposit. Go to court and get a judgement in small claims and dog him. The dems are taking over in CO so hurry on up. |
When can I begin the small claim court process and how do I get started? I live in NM the house is in CO. Can you guide me to a website for colorado small claims or a phone number? I don't know where to begin, but I did mail the renter a Notice to Pay and tomorrow will be mailing him a Notice of Abandonment. I want to make sure I follow all the correct steps. Thank you for your help. | |
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