Landlord drama, part 2: security/pet deposit

[Hummer]

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I agree with most everyone here. As a landlord I expect people to move out with the house in as clean a condition as when they moved in. That means hotel clean, so that another person will feel comfortable moving in. The tenants who move out that way always get their full deposit back from me. Any specific damage beyond normal wear and tear will be charged against the deposit accordingly but that is fairly rare.&nbsp; There is wide latitude in wear and tear.&nbsp; If I have to haul away a truckload of trash and spend three days cleaning to make the place rentable then the deposit will be forfeit. Dirtbag renters don&#39;t deserve special treatment, responsible renters get their money back and a good letter of reference.</p>
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Muddywings landlord was clearly trying to paint his tenant as responsible for adhering to an exceptional sales agreement with his buyer. If he withholds security deposit on that basis, Muddywings should respond with a claim or sue for 3x damages. The hitch could be in the $500 pet deposit which could be lost on any reasonable argument by the landlord. Housing pets can be very costly and the owner of the pet is appropriately held responsible for those costs. Your chances in court are like playing russian roulette. Judges are people and can be just as dipshit unpredictable at contract law as landlords and tenants.</p>
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Good luck, cleaning the house, carpet and paying your last month rent is a big plus in your column. You did right by responding to his late-date demands.</p>
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[muddywings]

Some more details:
I took video of the place with my Contour camera when me moved in just for this purpose but had issues with the memory card a few weeks later when we got settled and sure enough...gone.

I took photos as I left the house (see below)

Lease (going to abbreviate a bit):
SECURITY DEPOSIT:

B. The SD is intended to pay the cost of damages, cleaning, excessive wear and tear, and unreturned keys once the Lease Agreement has ended and/or for any upaid charges or attorney fees suffered...

E. THe Leased Premises must be left in good, clean condition with all trash, debris, and Tenants personal property removed. The leased premises shall be left with all appliances and equipment in working order.

14. Condition of property:

C. The tenant agrees to return the Leased Premises to the Landlord a the end of the Lease Agreement in the same condition it was at the beginning of the Lease Agreement.

(When I came in, they had just moved out...hadn't even moved their washer and dryer yet. There were no carpet cleaning lines on the carpet)

Pet Addendum:
Security and/or pet deposits are only refunded after the property has been vacated and examined b y management.

(nothing the addendum about cleaning procedures)








I expect him to take $50 for painting the deck and don't have a problem with that. But the other demands/requests I think are over the top and meritless.
we shall see....

[centrarchidae]

When I was landlording...

A regular deposit would be returned in full as long as the place was in more or less the same condition when I got it back, as when the tenants moved in, and I didn't get stuck with any of the tenant's bills.

Pets would usually go far enough beyond normal wear and tear that I don't think I ever returned more than pocket change on a pet deposit. Puppies, elderly dogs, and cats are just really rough on carpets.

My own understanding is that a landlord has 30 days on the deposit by default, but can get 60 days if the lease specifically says 60 days.

And it sounds to me like the landlord is trying to screw you.

I had to get out of it, after too much time spend needing to sue tenants who left a thousand or so in damage not counting unpaid rent and late fees, beyond what a deposit would cover, and being told that it was illegal to discriminate against six college-aged students with three jobs between them who weren't related to each other.

[muddywings]

What irks me is that I'm about a good of a renter as he was going to find....IMHO. I paid rent in 6 month installments. I fixed a leaky hose bib and replaced sprinkler soliniods because it was faster for me to do it than coordinate with him or his handyman.
So for him to pull this 3 days before I'm out the door is BS!

just venting....

[spqrzilla]

People seem confused by security deposit laws. In Colorado, the default by statute is 30 days, the lease controls if it states a time frame but no more than 60 days.

The landlord certainly has no right to impose his sale contract's conditions retroactively upon the tenant. But proving the difference at court may not be worth the time and hassle. The OP won't know until he sees the landlords' accounting of the security deposit.

[Drucker]

Say the hell with it. Invite every neighborhood mutt inside and feed them wet cat food. Come back in 8 hours to let them out. j/k

[BuffCyclist]

Say the hell with it. Invite every neighborhood mutt inside and feed them wet cat food. Come back in 8 hours to let them out. j/k

While that would feel awesome to do to just piss away the security deposit, the landlord/owner CAN pursue legal action AFTER the lease is over if the house was damaged by the tenant. Even though you said it in jest, its still ridiculous that he's being put in this position.

[BushMasterBoy]

If I was the landlord, I would give you back the money fast and get the new buyer in quick! Usually the insurance does not cover an unoccupied house...unless he has a special policy for it. Remind him of it.

[Jer]

Judges go by 30 days for those in state, 60 if the company is based out of state. In my experience. Since my employer is based in CA, we've always gotten 60 days.

Come to think of it I've never work for a CO based management company.

Location has nothing to do with it. The law states they have 30 days to return your deposit in full or partial with a written invoice of what items they were specifically charged for. They can however extend this as long as it's in the rental agreement that you signed before you moved in and the maximum length it may be extended is 60 days. That's all Colorado landlord/tenant law. If he fails to meet any of these you can take him to small claims court for treble damages which would be triple the original amount of the security deposit.

OP: Was ANY of this verbiage in the original lease that you signed? If he didn't specify this in the original lease then he has nothing. You are only required to clean the place to whatever guidelines were set in the original lease.

[Jer]

I had to get out of it, after too much time spend needing to sue tenants who left a thousand or so in damage not counting unpaid rent and late fees, beyond what a deposit would cover, and being told that it was illegal to discriminate against six college-aged students with three jobs between them who weren't related to each other.

Who told you that? College-age is not a protected class and you can absolutely discriminate against them. Elderly is a protected class but not teenagers.