Landlord keeping Security Deposit

[LMarie]

What is the name of your state?What is the name of your state?
Colorado

Gave landlord 30 days notice of intent to vacate early from lease. He had no problem with that, was happy to hear I was buying my own home. Paid advertising costs for the last 30 days I was there and a week after that. The landlord wanted more in rent so I advertised at the higher rate. My rent had just been increased 6 months prior. No clause in lease for me to pay for any advertising or re-renting costs. Offered to continue to show the home till it was re-rented- was refused - easier for family member to do it. Property was leased (not-subletted) to new tenant the following month. I never recieved an itemized list of costs within 30 days as required by Colorado Statues. So I called to see what was up with the security deposit.Was informed that 2/3 was being kept for vacating early and the other 1/3 would be returned as it was a pet deposit. Then the landlord decided not to return any of it. Since an itemized list was not sent to us doesn't the landlord forfeit his right to withhold any of the deposit? There is no clause in the lease pertaining to early lease termination or cost there of. I filed small claims. Treble damages for the entire security deposit and costs due to wrongful withholding. Landlord now countersuing for his costs - hiring a property manager for the legnth of the new tenant's lease (never had one before), costs for routine maintenance (because new tenants can't do routine maintenance) the new tenant's lease and our old one both state the landlord is to take care of routine maintenance, costs for re-renting the property and a month's rent after the new tenants' lease is up, and cleaning up the yard - back yard had been dirt for the 6 years before we moved in and still is, and various other fees he has dreamed up. Does he really have a case for costs such as these?

Thanks
LMarie

 

[FarmerJ]

Allow the court to do its job , Good luck in court .

 

[JETX]

"Since an itemized list was not sent to us doesn't the landlord forfeit his right to withhold any of the deposit?"
*** Yes. See statute below.

"Does he really have a case for costs such as these?"
*** Probably not. Simply, he cannot recover claims for more than you were obligated for.

Colorado statute:
"38-12-103. Return of security deposit.
(1) A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payment required to the last known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.
(2) The failure of a landlord to provide a written statement within the required time specified in subsection (1) of this section shall work a forfeiture of all his rights to withhold any portion of the security deposit under this section.
(3) (a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorneys' fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action."

Did you give the landlord the required seven days notice BEFORE filing your lawsuit???

Also, the information at the following might help to answer some questions:
http://www.ci.boulder.co.us/cyfhhs/mediation/landlord4.htm

 

[LMarie]

Landlord keeping Security Deposit

Thanks for the reply Yes, I did send the seven day demand letter before filing in small claims court. I just wanted to be sure that I was still entitled to recieve and itemized list for the deposit withholding since I left the lease early. Once the landlord re-leases the property doesn't that terminate my lease?

Thanks again
LMarie

 

[JETX]

"Once the landlord re-leases the property doesn't that terminate my lease?"
*** Yes. Your lease obligation to the landlord terminates on the property being re-leased to another.

This was answered in the reference that I gave in my earlier post:
"The landlord must make a reasonable effort to re-rent the premises if the tenant moves out early. The tenant is responsible for rent until the premises are re-rented or until the lease expires. If the unit is re-rented for a lower amount the tenant may be assessed the difference in the rent. The tenant may also be charged for the landlord's reasonable costs of re-renting. It is important to look to the lease to see who is responsible for re-renting the unit."

 

[LMarie]

Lanlord keeping Security Deposit

The lease does not specify who is responsible for re-renting the property or for any costs of terminating the lease early.

We surrendered the keys on March 4. The new tenant's signed their lease on March 13 to begin on April 1st.

That means we are responsible for March's rent.
But never recieved an itemized statement of withhold the security deposit so
does that mean we can still win treble in small claims but have to pay him for rent in the month of March?
And since he tried to rent the property at a high rate does that factor in anywhere?

 

[JETX]

"The lease does not specify who is responsible for re-renting the property or for any costs of terminating the lease early."
*** It doesn't have to. Simply, by the fact that you breached your lease, the landlord has the right to recover his damages incurred due to your breach. And his damages includes the reasonable costs to re-lease the property.

"We surrendered the keys on March 4. The new tenant's signed their lease on March 13 to begin on April 1st. That means we are responsible for March's rent."
**** Correct. You are liable for the full rent until the new tenant paid rent (presumably on April 1).

"But never recieved an itemized statement of withhold the security deposit so
does that mean we can still win treble in small claims but have to pay him for rent in the month of March?"
*** That will be up to the court to decide on whether to treble the improper deductions (or non compliance). As I see it, the court could:
- Not treble at all and award the return of your entire deposit to you, or
- Deduct the unpaid rent and provable damages from the deposit and award the remainder to you, or
- Treble the full deposit and disallow any claimed damages, or
- Any combination of the above.
Bottom line.... it is entirely up to the court as to how it might rule.

"And since he tried to rent the property at a high rate does that factor in anywhere?"
*** Not really. If the unit had sat empty for several months and if you could show that it was, or likely was, due to a claim for excessive rent, the court might disallow the damages due to unpaid rent. However, that wouldn't apply in this case as it was re-leased fairly quickly.

 

[sdecosse]

In a somewhat similar situation

"The tenant may also be charged for the landlord's reasonable costs of re-renting. "

What are "reasonable costs"? How are they determined?

Thank you.

 

[JETX]

What are "reasonable costs"? How are they determined?

*** How much is the landlord deducting and for what??

 

[sdecosse]

It is my understanding that
California law specifically allows the landlord to use a tenant's security deposit for four purposes:

1· For unpaid rent;

2· For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;161

3· For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and

4· If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.162

http://www.dca.ca.gov/legal/landlordbook/sec-deposit.htm
_________________
The property manager (a rather unprofessional and hostile one at that) is claiming....

Break lease fee - Rental expenses: Management - $650
a. I believe this deduction does not fall under the California state law's standard for deduction from a deposit

2.Three ads - $100.50
a. There is no evidence/documentation to corroborate the existence of these ads.

3.Tenant left the property dirty - $50
a.There are no receipts to corroborate this service.
b.The property was cleaner when I vacated the premises than when I moved in.
c. I believe this deduction does not fall under the California state law's standard for deduction from a deposit.

4.Flea bombs - $8.60
a.There were no pests when I vacated the premises.
b.The new tenants’ insistence on pest control is the responsibility of the landlord not the previous tenant.
c.I believe this does not fall under the California state law's standard for deduction from a deposit.

5. Break lease fees - Credit report for the new tenants - $14.00
a.I believe this deduction does not fall under the California state law's standard for deduction from a deposit.
b. New tenants paid for their own check
_________________

New tenants, found by the landlord, not the property manager, took residence the day after I vacated. (The rent was $1300)

If there were a legitimate outstanding account, then I would be happy to pay based on the authenticity of the contractual agreements proving such and the evidence/receipts received.

Thank you in advance for your input.

 

[JETX]

Break lease fee - Rental expenses: Management - $650
a. I believe this deduction does not fall under the California state law's standard for deduction from a deposit

*** Depending on EXACTLY what this 'rental expense' is for, it COULD be valid. For example, if it was the lost rent due to your breaching the lease, it would be allowed.

2.Three ads - $100.50
a. There is no evidence/documentation to corroborate the existence of these ads.

*** Then ask for receipts, evidence, copies of ads, etc.

3.Tenant left the property dirty - $50
a.There are no receipts to corroborate this service.
b.The property was cleaner when I vacated the premises than when I moved in.
c. I believe this deduction does not fall under the California state law's standard for deduction from a deposit.

*** Cleaning costs ARE allowed deductions as noted in your own post (see #2). You may feel that they are not necessary, but that doesn't mean that is accurate.

4.Flea bombs - $8.60
a.There were no pests when I vacated the premises.
b.The new tenants’ insistence on pest control is the responsibility of the landlord not the previous tenant.
c.I believe this does not fall under the California state law's standard for deduction from a deposit.

*** Possibly allowed. See 'cleaning' and 'damages'. Personally, I think that this is petty for them to charge you.... and even more petty for you to challenge it.

5. Break lease fees - Credit report for the new tenants - $14.00
a.I believe this deduction does not fall under the California state law's standard for deduction from a deposit.
b. New tenants paid for their own check

*** If your statement is correct that the new tenants paid this fee, I agree that it should not be deducted from your 'deposit balance'.

Okay, now down to the final chase..... if you feel that the deductions are not valid, go down to your local small claims court, file a lawsuit and tell your version to the judge. The defendant will then 'show theirs' and the court will decide.

 

[sdecosse]

*** Depending on EXACTLY what this 'rental expense' is for, it COULD be valid. For example, if it was the lost rent due to your breaching the lease, it would be allowed..

No rent was lost. New tenants took occupancy the day after I vacated the premises.

*** Then ask for receipts, evidence, copies of ads, etc..

I have, by email, and received no reply.

*** Cleaning costs ARE allowed deductions as noted in your own post (see #2). You may feel that they are not necessary, but that doesn't mean that is accurate.

The new tenants do agree with me. However, I may not be able to count on their assistance, as it would place them in an uneviable position (and perhaps the subjects of retaliation).

*** Possibly allowed. See 'cleaning' and 'damages'. Personally, I think that this is petty for them to charge you.... and even more petty for you to challenge it.

I understand your perspective regarding the pettiness. I agree. However, I will challenge it on principle as this is just one more example of the property manager's unreasonable, unprofessional, unethical and hostile behaviors with which I have to contend.

I am sending the landlord (who seems to be a reasonable if duped individual) a demand letter prior to filing suit. I believe this is standard procedure.

Thank you again for your input, JETX. I appreciate your time.