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Sounds like the consensus is that I should take a written letter of notice demanding the full amount to be in my hands in 7 days.
I'm hoping that by pointing it out to his wife, she will agree with me and give the check to me in full.
Precisely. I've seen a lease write-up fee in large apartment complexes in both Boulder and Northglenn, but there is absolutely nothing like that in the lease he gave me.Originally Posted by Chad4000
Sounds like the first landlords I had in Boulder. They rented to mostly college students, asked for first and last months rent plus security deposit, and then kept everything when the renters left. I learned a lot about rental law the month we moved out (leaving a spotless unit). They never provided any written itemized list or reason why all moneys were being kept. Seems the words "triple indemnity" can be very effective if used at the right time.
Don't even get me started on the business property slumlords I have to deal with now.
Micheal HoffHard times make strong men
Strong men create good times
Good times create weak men
Weak men create hard times
Aaaannnd, in a turn of events. Taken from the State Bar of New Mexico, found here: http://www.nmbar.org/Public/publicpu...relations.html
Since today is the 31st day after my lease expired, then they have forfeit their entire rights to any witholdings. I'm am bringing printouts of the above, printed directly from the State Bar website (with link so they can look it up themselves), to convince her on the spot that it is in her best interest to just give me the $100 now, along with the entire security deposit refund.Deposits
The landlord may require the tenant to pay a security or damage deposit before moving in. This is money to be held by the landlord during the tenancy to protect against losses from unpaid rent or damage to the property (normal wear and tear excepted).
A landlord cannot charge a tenant more than one month’s rent as a deposit on any rental agreement of less than a year. If the rental agreement is for a year or more, the landlord may collect a deposit of more than one month’s rent; however, if he or she does so, he or she must pay the tenant current passbook interest on the whole deposit.
To avoid disputes at the end of the tenancy, the landlord and the tenant should, at the move-in, inventory the furnishings and condition of the unit, and cosign such a list.
The tenant may not use the deposit to cover the last month’s rent, although the landlord may apply it toward unpaid rent. A deposit, by definition, is refundable. The landlord must have suffered actual losses in order to withhold any part of the deposit.
The landlord has 30 days from the end of the tenancy in which to return the deposit or an itemized list of deductions plus any balance remaining from the deposit. The tenant must provide a forwarding address where he or she may receive this accounting.
If a landlord does not send an itemized statement and deposit balance to the tenant within 30 days of the date the rental agreement is terminated or the tenant moves out, whichever is later, the landlord forfeits all rights to any of the deposit and to take further legal action against the tenant in a court of a law. Thus, even if the tenant has incurred $10,000 in damages, the landlord loses the right to claim the damage if he or she has not acted within the 30 days. If the landlord fails to provide an itemized statement and return the balance of the deposit within the required time, the tenant may sue the landlord to recover the entire deposit, plus attorney’s fees and court costs, and in some cases, civil penalty in the amount of $250. As noted above, the tenant is required to leave the landlord a forwarding address. If the tenant fails to do so, the landlord must send the balance of the deposit and itemized statement to the tenant’s last known address.
Yea, I had a very interesting experience with a landlord once. We had rented the house for 7yrs, the original landlord just signed new tenants onto the old lease (so everyone was accountable for it in the end). It was a marching band house in that 4 tuba players would live there each year. I was there for the last 2yrs of it. At year 5.75, the landlord sold the account to a different landlord. Who tried to keep all of the security deposits.Sounds like the first landlords I had in Boulder. They rented to mostly college students, asked for first and last months rent plus security deposit, and then kept everything when the renters left. I learned a lot about rental law the month we moved out (leaving a spotless unit). They never provided any written itemized list or reason why all moneys were being kept. Seems the words "triple indemnity" can be very effective if used at the right time.
Don't even get me started on the business property slumlords I have to deal with now.
The way the lease was written, we were guaranteed a 5.5% interest rate on the first, last and security deposit (totaling just over $6500) for the entire length of the lease. Boy oh boy was he pissed off when he tried pulling the above shit on me and I pointed those clauses out to him, also stating that he was past Colorado's legal 60days to return the deposit to me. We MADE money on that lease! lol
Sorry for the mix-up, I missed that you were in New Mexico. Sucks for you that NM doesn't do treble damages. $250 not a real big bar to be a jerk, especially when so few tenants understand and assert their rights. Make him think twice about pulling this crap in the future. Make him pay.
I am increasingly persuaded that the earth belongs exclusively to the living and that one generation has no more right to bind another to it's laws and judgments than one independent nation has the right to command another.”
― Thomas Jefferson
My feedback
To everyone who feels like they are standing on Hadrian's wall as Rome crumbles behind them. - John Ringo
No worries, not your fault as this IS a Colorado gun forum lol. I'm just an ex-Colorado resident and miss it so much I have to stay in touch somehow!
Yes, extra damages would be nice. However, the threat of them having to pay for the court costs, attorney's fees, and an extra penalty of $250 will make them think twice about withholding $100, because in the grand scheme of things it could be a lot more.
For the record, is it bad that I had fun researching the laws?I'm actually looking forward to going to meet with the landlords wife tonight, see what she says, then hand her the printouts of NM Law (with the defined article/statutes attached and weblinks too), then tell her if she doesn't give me the full amount, then I will have my lawyer contact her.
you'll never get a lawyer to do it
it's way too expensive
you can however file in small claims court and it will be easily won.
get things in WRITING, that's the only evidence that counts.
i would go with the printouts and say "read, give me my money"
and if she doesn't
file in small claims court.
and then
call the local newspaper, they LOVE stories like this where people are getting screwed for years. (19 properties, turning over at least once a year, screwing all those people for $100 each, oh yeah, that story writes itself) Remember, reporters are lazy, you'll have to give them all the documents, law, everything you already have so the reporter can write it and document it)
Brian H
Longmont CO
"I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do."
Not the right person to ask, I'm a complete nerd for the law. I think C-Span is high entertainment.For the record, is it bad that I had fun researching the laws?
I am increasingly persuaded that the earth belongs exclusively to the living and that one generation has no more right to bind another to it's laws and judgments than one independent nation has the right to command another.”
― Thomas Jefferson
My feedback
To everyone who feels like they are standing on Hadrian's wall as Rome crumbles behind them. - John Ringo
Ah, well i thought you still had to get a lawyer to write up paperwork for small claims court. Guess I may be finding out how it works soon enough!
Haha, yes well I hate being screwed over and I've known/heard of way too many landlords who do that (mostly coming from Boulder). It makes me feel satisfied that I was able to find the laws on my own.
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