8 months after end of lease landlord requests money for cleaning

[movielover]

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

We rented a furnished house, our lease ended December 2013. We moved out, left the State. The Landlord (Who is out of state also) had someone inspect the property and close it up for the winter. We received our security deposit which I understand as completing the lease contract on both sides.

August 2014, the ex landlord has visited the house and contacts me saying that there is dog hair in the property and they are allergic to pet dander. We owe them cleaning fee, new rug & vacuum.

They allowed us to have the dog in the property, it was written into the lease "Dog Allowed".

This is 8 months later they are asking for money.

They sent three emails & two phone calls/voicemails within 10 days. To stop them harassing me I responded in email saying "i'm busy and I'll respond soon."

So my questions are:

1. Do they have legal right to demand money?
2. Do I legally have to respond because I said I would in the email?
3. If I should respond, will this be okay "We have fulfilled our obligations under the terms of the lease agreement. As there is no basis for your claim in law, I am considering this matter closed"
4. Or do I ignore them completely from this point on?


Thank you

 

[calamityJ]

absolutely not. He is grasping at straws hoping you will be intimidated into giving him money. if anyone could be held responsible other than himself it would be the guy who signed off on the house. Tell him a big FAT NO! and also let him know you are prepared to take legal action against him if he continues to harass you on this issue in any way. Such as if he tries to take you to court you will counterclaim for harassment and cost of coming to court.

 

[Gail in Georgia]

" Such as if he tries to take you to court you will counterclaim for harassment and cost of coming to court."

Other than filing fees (if you win the case) Judges don't award money for the actual cost of coming to court.

Gail

 

[FarmerJ]

you have the name of the person who inspected it before closing the house up? if so then if you respond in writing let the LL know that (name) was satisfied and you wont have a problem asking the courts to have (name) summoned so they can explain to the courts how they came to represent (LL) and why they should be allowed change mind after so long ( in certified letter)

 

[latigo]

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

We rented a furnished house, our lease ended December 2013. We moved out, left the State. The Landlord (Who is out of state also) had someone inspect the property and close it up for the winter. We received our security deposit which I understand as completing the lease contract on both sides.

August 2014, the ex landlord has visited the house and contacts me saying that there is dog hair in the property and they are allergic to pet dander. We owe them cleaning fee, new rug & vacuum.

They allowed us to have the dog in the property, it was written into the lease "Dog Allowed".

This is 8 months later they are asking for money.

They sent three emails & two phone calls/voicemails within 10 days. To stop them harassing me I responded in email saying "i'm busy and I'll respond soon."

So my questions are:

1. Do they have legal right to demand money?
2. Do I legally have to respond because I said I would in the email?
3. If I should respond, will this be okay "We have fulfilled our obligations under the terms of the lease agreement. As there is no basis for your claim in law, I am considering this matter closed"
4. Or do I ignore them completely from this point on?


Thank you

There are a number of legal issues presented here.

Assuming that the security deposit was intended to include cleaning costs, the landlord's claim for such costs "might" be barred because of Colorado Revised Statutes Section 38-12-103 "Return of security deposit".

That section provides that within no longer than 60-days after termination the landlord must provide the tenant "with a written statement listing the exact reasons for the retention of any portion of the security deposit". If not, the landlord forfeits the right to retain the deposit. (CRS 38-12-103(2)

I use the word "might" advisedly and with hesitation because the statute only makes reference to the money held by the landlord as being forfeited and does not address or limit the right of a landlord to seek a civil remedy.

On the other hand a return of the deposit and the absence of the mentioned written statement could well be considered a waiver on the part of the landlord. Plus the principle of laches could be argued as a defense to such a belated claim.

THE BIG PROBLEM you have is one of practicability. You no longer reside in the state and yet the landlord could sue you in Colorado under the state's "Long Arm Statute". Meaning a Colorado court - if service of process is obtained - could assume jurisdiction over your person and grant the landlord a judgment that could be domesticated and be enforceable in any sister state.