• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Keeping Security Deposit, Plus $900

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

SkyMaster

Junior Member
What is the name of your state (only U.S. law)? Colorado


I lived in the apartment from August to June. In September, since I was a grad student, he hired me to help around the building; like to shovel snow or help with the computer, or whenever the maintenance tech needed extra help or did not want to come down on a weekend.

In March the landlord complained that I had dirty dishes in the sink and that the smell of my cooking was filling the hallway. In April the landlord gave me the Three Days to Comply or Evict Notice. So I had the apartment professionally cleaned. The superintendent did surprise inspections from time to time after that.

Now back in November the landlord sent all the tenants a notice that he was sealing the windows closed. Then a couple weeks later, he sent everyone a notice that the hallway was filling with the smell of everyone's cooking, and that he was going to have to flush the air in the hallways. Also, the apartment building was originally built as a hotel. So it was not built for kitchens. And the hallways are heated and cooled with air that is pushed from the apartments.

I have tried to get those notices. I have asked neighbors, I even asked the landlord and superintendent. The landlord wrote me a note that he would not give them to me, and that "if I want to get legal I am on my own."

In his Notice to Comply, he claimed I was breaking the lease and that tenants complained. But the only time the superintendent noticed the smell of my cooking or the dishes in the sink, was when he came into my apartment. Also, the clauses in the lease that he claimed I violated state that: "The apartment to be kept in good condition as when rented," "In every way to cooperate with all tenants...," "To use the apartment in no purpose in violation of the laws... to make no marks or modifications to the apartment... to keep the hallways clear at all times... Even minor modifications will (such as light bulb...) will be subject to penalty."

One thing I just thought of, the superintendent lives in the building. The landlord lives and has his office in another county. So maybe he is claiming that since the superintendent lives in the building, that tenants complained.


Then in May he asked if I could move out a few weeks early, because he had someone who wanted the apartment. So I agreed to move out one week early. Then five days before I was scheduled to move out, he serves me with a three day Notice to Quit. I called him and said that I was scheduled to move out anyways. He said he was not going to move on the Notice to Quit until the day after I was scheduled to move out.

He also sent me a notice that before I move out, I had to professionally steam clean the carpets and drapes; since they most likely had the smell of cooking in them. I smelled them, they smelled like dust.

Here we are in July, and he sends me a bill for the Security Deposit. Not only is he keeping the $800, but he is billing me for another $900. According to the bill he is charging me for a new oven plus $100/hour to install it. He is also charging me to replace the pots and pans for $100 plus sales tax. He also checked a box that said to pay immediately to avoid late fees and legal fees.

Before I moved out, I photographed EVERYTHING. Every pot, every appliance inside and out, every inch of the carpet, every piece of furniture, everything.

What can I do?
 
Last edited:


Gail in Georgia

Senior Member
In cases like these where the former tenant disagrees with the amount of the security deposit kept, the general steps are to:

1. Write a "demand letter" to the landlord/management, citing what you believe if your fair share of the security deposit and giving a specific amount of time (say, 2 weeks after the landlord receives the letter) to send you this money. Mention you took pictures at moveout.

2. If you do not receive satisfaction, the next step is to consider a lawsuit for this money. Most of these types of lawsuits are handled through Small Claims court as they involve relatively small amounts of money in dispute.

In the meantime, bone up on the requirements regarding the security deposit laws for Colorado:

Renting: Security Deposits

Gail
 

atomizer

Senior Member
All the stuff you cited would fall under normal wear and tear. As for the oven, he would have to prove that your neglect cause the oven not to function properly, or that you used it in a manner for which it was not designed. You will need to sue him for your deposit when the time comes. He can forget about the pots and pans. As long as you return them clean and in their original shape;) there is nothing he can charge for.
 

SkyMaster

Junior Member
Hi-ho, it's off to court we go

1) Do I have to try to negotiate with him first? I am pretty upset. And I know he is not going to give anything.
2) Does anyone have any suggestions on how to write the letter?

3) His letterhead says a town 7 hour away. So do I sue him in that town? Or do I sue him in the town where the apartment is?
4) If I do have to sue him in the town 7 hours away, and since I did not and do not have a car, can I add the cost of renting a car to file and to appear in court? And for gas?

5) Like with credit/collections cases, you can sue for $1000 for harassment. Can I sue for $1000 each for harassment for each of the Notice to Comply and the Notice to Quit? Since they had off the wall reasons, and the notices are harassments.

6) Can I supeana the two notices? The one that say the windows are being sealed and the one that says that the smell of everyone's cooking is filling the hallway. This would kind of be linked to the Notice to Comply and the Notice to Quit as being harassments.

7) Since I have asked him for those two notices, I am sure he has deleted them. Since I have worked in IT for 15 years, I can recover them. Can I supeana his computers?
 

acmb05

Senior Member
1) Do I have to try to negotiate with him first? I am pretty upset. And I know he is not going to give anything.
You have to write the letter on why you disagree with the amount.
2) Does anyone have any suggestions on how to write the letter?
A simple letter stating why you think the amount withheld is wrong and that you have pictures of everything is fine. Make sure you ask for your money back in this letter when you give reasons why you should get it back.

3) His letterhead says a town 7 hour away. So do I sue him in that town? Or do I sue him in the town where the apartment is?
You sue in the town the apartment is in.
4) If I do have to sue him in the town 7 hours away, and since I did not and do not have a car, can I add the cost of renting a car to file and to appear in court? And for gas?
No you can't but you won't n eed to anyway.

5) Like with credit/collections cases, you can sue for $1000 for harassment. Can I sue for $1000 each for harassment for each of the Notice to Comply and the Notice to Quit? Since they had off the wall reasons, and the notices are harassments.
This is not harassment.

6) Can I supeana the two notices? The one that say the windows are being sealed and the one that says that the smell of everyone's cooking is filling the hallway. This would kind of be linked to the Notice to Comply and the Notice to Quit as being harassments.
You can but there is no harassment. Giving notices is not considered harassment

7) Since I have asked him for those two notices, I am sure he has deleted them. Since I have worked in IT for 15 years, I can recover them. Can I supeana his computers?
Really you are wasting your time filing harassment against him, you will not win that.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top