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I'm 99.5% confident that the T&C's of the signed lease are what will hold up in court. As you have documented the conditions upon move, hold on to all the correspondence, and see the gentleman in court should he not refund your deposit.
"The best argument against democracy is a five-minute conversation with the average voter." Sir Winston Churchill
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My feedback: http://www.ar-15.co/threads/33234-lt-MADDOG-gt
City of Boulder has a complete Tenant/Landlord Handbook online listing what can and can't be done..
https://bouldercolorado.gov/child-yo...enant-handbook
A few items from the online handbook:
Return of Security Deposit
If the tenant has fulfilled all the terms of the lease (including giving the landlord proper notice, if required), has paid the rent in full and on time, has left no financial obligation to the landlord, and has caused no damage beyond ordinary wear and tear, the tenant is entitled to a full return of the security deposit. The tenant should collect the security deposit in person or leave a forwarding address with the landlord so that the landlord can return the deposit.
Colorado law requires that the landlord return the security deposit or send an itemized statement of the deductions and the balance of the deposit, if any, to the tenant within 30 days after termination of the tenancy. This time period may be extended up to 60 days if written in the lease. The landlord must either deliver or mail the full deposit or a statement of deductions and the balance of the deposit to the last known address of the tenant. If the landlord fails to provide a written statement of deductions and the balance of the deposit in full within the specified time period, the landlord forfeits his/her right to withhold any portion of the security deposit. However, the landlord retains the right to pursue damages by counter-claim against the tenant in a lawsuit for unpaid rent or for any of the charges he could have otherwise deducted from the damage deposit or any other financial obligation owed by the tenant. Treble damages may be ordered against the landlord in a lawsuit for a security deposit not returned within the required time period.
Recourse for Withheld Security Deposit
If the landlord does not return the security deposit or does not send an itemized list of deductions within the required time period, or if the tenant disagrees with the deductions made by the landlord, the tenant should take the following steps:
1. Attempt to negotiate with the landlord for the return of the security deposit.
2. Send a letter to the landlord. This letter, called a “Seven-day Demand letter,” should state that the tenant will sue the landlord for three times the amount of the deposit withheld if the deposit is not returned to the tenant within seven days of the receipt of the letter. A template for this letter is available online (see Landlord Tenant Roommate Sample Documents). The letter must state:
a) the address of the prior rental premises,
b) the dates of the tenant’s occupancy,
c) the amount of the security deposit originally paid,
d) the tenant’s current mailing address, and
e) (if applicable) a statement by the tenant explaining any disagreement with charges withheld from the deposit.
The letter should be sent by certified mail, return receipt requested. The tenant may also send a copy via regular mail. The tenant should keep a copy of the letter and the certified mail receipt.
If the landlord returns the deposit in full or pays the tenant the disputed portion of the deposit within seven days of the landlord’s receipt of the letter, the matter is resolved.
3. If the landlord does not return the deposit within the seven days, the tenant may sue the landlord to obtain the return of the security deposit. The tenant may request three times the amount of the deposit that has been withheld plus reasonable attorney’s fees and court costs. In court, the landlord may counterclaim against the tenant for any damages caused by the tenant. Note: Under most leases, the losing party in a court action is responsible to pay attorney’s fees for the winning party.
4. Contact the Community Mediation Service to arrange to mediate an out-of-court settlement (303-441-4364). Mediation is often faster, less stressful, and cheaper than going to court. Trained, neutral mediators will help to facilitate a negotiation process that often results in agreements that both parties feel are fair and that are tailored to meet the needs of the individuals involved.
Precautions to Prove the Condition of the Premises
Before the tenant moves into the premises, a list of all existing damages and necessary cleaning should be prepared and signed by all parties. If either party is unavailable or unwilling to do this, another person should witness the inventory, sign the list and then provide the other party with a copy of this list. In addition, it is best to take photographs of individual rooms and specific items to document their condition.
Upon moving out, the tenant should make an appointment with the landlord to accompany the landlord on a tour of the premises, listing damages or necessary cleaning. The tenant and the landlord should sign both copies of the list and keep a copy for their records. To minimize future disputes, if the landlord is unavailable or unwilling to do a walk-through, the tenant should have another person witness the condition of the unit and sign the list.
DISCRIMINATION
Under Section 12-1-2, B.R.C. 1981, a landlord may not discriminate against a tenant on the basis of “. . . race, creed, color, sex, sexual orientation, gender variance, genetic characteristics, marital status, religion, national origin, ancestry, pregnancy, parenthood, custody of a minor child, or mental or physical disability of the individual or such individual’s friends or associates. . . .” Other than denial of housing to an individual, discrimination also includes charging different rents or deposits, requiring different lengths of lease, or establishing different lease conditions on the basis of the above-listed categories. Exceptions to the ordinance, and more details on the types of conduct it prohibits, may be found on the website http:/www.bouldercolorado.gov (click on “City A-Z,” click on “H,” go to “Human Servies," "Community Relations Human Rights" tab).
The Boulder Revised Code prohibits more types of discrimination than federal or state law. A tenant who believes that a landlord has discriminated against him or her, or a landlord or tenant who wants clarification or a copy of the law should contact the Office of Human Rights, Department of Housing and Human Services, Second Floor, New Britain Building, 1101 Arapahoe, P.O. Box 791, Boulder, Colorado 80306 (303-441-3140.) Other options include contacting and filing a complaint with H.U.D. The Federal Fair Housing Act also prohibits discrimination. The terms of the Act may be utilized by private parties against landlords who discriminate.
That's how it reads to me as well.Originally Posted by ray1970
Boulder's handbook includes statements of the law that are specific to Boulder only - not all of Colorado.
Sayonara
At least you are dealing with one and not a company. I still remember when I left my Apt in Saudi Aurora in 88. I asked the manager if he wanted my BBQ grill when I left. He said sure, just leave it.....
Funny I was charged exactly what my deposit was to "remove and dispose of left over appliances on the deck". Needless to say I made things right when I returned in 93.
I see you running, tell me what your running from
Nobody's coming, what ya do that was so wrong.
I highly doubt they have changed to lock code yet.....hmmmmm.....
"The thing about quotes on the internet is that you cannot confirm their validity." -Abraham Lincoln
The only part of the handbook that is not in common with the rest of the state is the section pertaining to earning interest on security deposits.
So I thought I would revive this to continue my saga of crazy landlord dude.
I get an email today:
Hi,
I trust that you guys have settled down in your new place.Congratulations
again.
I just wanted to touch base on one or two items:
First, when I returned and I went to inspect the house, I was deeply
disappointed that the carpet was not cleaned as you had promised. In your
previous e mail you said that, " I have cleaned the carpets as per how
they were we we took over as rentersŠ" Again you restated that,"...I have
cleaned the house to the standard in which we took possessionŠ" I was so
disappointed that several sections of the carpets are very dirty and I am
very confident that that's not how those carpets were before you rented
the house. Before contracting someone else to clean the carpets again, I
would like you and I to meet at the house so that I can show you what I am
talking about. I do not mind whether you are willing to cover the cleaning
costs or not but I want you to know the truth. Please let me know the day
and time that works best for you and I will be at the house in person.
Second, I wanted to let you know that I have mailed your refund check of
$1500 for the rental deposit. Please acknowledge receipt in writing and
let me know.
Thanks,
Landlord dufus
*break break*
Now advice I've gotten is pretty similar.
Option 1: cash check, acknowledge check, advise landlord to have a nice day and ignore from here on out
Option 2: cash check, acknowledge check, meet landlord, let him vent advise him that anything he is seeing is either normal wear and tear or was there prior.
I'm leaning towards option 1.
Frankly IMHO, this guy is looking to prey on my generosity but knows he has no case but wants to see what he can sell me. (Disclaimer, I'm a pretty nice renter-I've paid rent in 6 month installments, I've fixed: hose-bib that had a leak, sprinkler solenoids that weren't shutting off, done landscaping work all at no cost.)
Why he would send me the deposit in full then ask for me to meet him about the carpet ignores all logic and common sense. To me, he just admitted the house is returned to a satisfactory level.
So, looking for outside opinions and ask if I'm missing something here?!?!
"The thing about quotes on the internet is that you cannot confirm their validity." -Abraham Lincoln
Send the pictures, state that the check is received, and that you no longer have business dealings with him. If he wants to contact you further he can find you at your attorneys number.
This landlord's name wouldn't happen to be Mark Cunningham would it?
Modern liberalism is based on the idea that reality is obligated to conform to one's beliefs because; "I have the right to believe whatever I want".
"Everything the State says is a lie, and everything it has it has stolen.
-Friedrich Nietzsche
"Every time something really bad happens, people cry out for safety, and the government answers by taking rights away from good people."
-Penn Jillette
A World Without Guns <- Great Read!
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