Small Claims Question

[rubyrhea]

What is the name of your state? Colorado
Ok. So 88 days after my move out date, and 7 days after the receipt of my demand letter, Landlord followed up with a collections notice for more than our deposit and no photos or receipts of charges/damages.
So my question is, do I send another demand letter stating that we will go to Small Claims or do I just file my claim? or both?
Thanks in advance!

 

[Cvillecpm]

File and expect a counter claim for the amount they claim you owe. They can show receipts, photos and have workmen in court to prove their case.

 

[rubyrhea]

Understood, but it's 88 days after the fact and 28 days after his 60 day window. I'm not worried that I'll lose, but am just wondering about next steps.
So I should not worry about sending him an intent to file, but just file the claim?

 

[rubyrhea]

Included the 7 days notice in demand letter I sent last week was my first attempt to give an attempt to file a claim. He followed with a collections notice to me for damages. So I'll file a claim.
Thanks for all of your help. This has totally put my mind at ease!

 

[rubyrhea]

Thanks for your help. I will let you know what happens. But I have one more question:
Do you think there is anyway, assuming I do win, that LL can come back and sue me for damages?

 

[Gail in Georgia]

While none of us have a crystal ball, one could guess he might since he's already indicated a collection for damages.

Gail

 

[COlandlord]

Did you leave a valid forwarding address?

If I understand your post, you received a collection notice which is typically the step following the accounting of the security deposit. I would ask the landlord for proof that an accounting was done in the proper time frame prior to filing a suit.

 

[rubyrhea]

He only sent me the collections notice after I sent the demand letter. There were no receipts or pictures of his claim (which I received 88 days after we moved out) and the property in question was sold prior to him making these allegations. I have a feeling that he'll try to sue later for damages to property value.

 

[ecmst12]

He can counter sue once you file, but once the suit is settled (whether he counter sues or not), I don't believe he can bring any further action for the same situation.