Comments on: Landlords, Tenants & Security Deposits http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/ Leading Colorado Law Firm Mon, 16 Jan 2012 17:09:35 +0000 hourly 1 http://wordpress.org/?v=3.1 By: Douglas Turner http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-4163 Douglas Turner Tue, 13 Dec 2011 15:23:04 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-4163 Marv: Thank you for your inquiry. However, we cannot answer specific questions in an open forum nor can we do so without reading the rental/lease agreement. I suggest finding a local lawyer in Pueblo to answer specific questions. Regards, Douglas Turner Marv:

Thank you for your inquiry. However, we cannot answer specific questions in an open forum nor can we do so without reading the rental/lease agreement. I suggest finding a local lawyer in Pueblo to answer specific questions.

Regards,

Douglas Turner

]]> By: Marv http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-4133 Marv Tue, 13 Dec 2011 05:52:51 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-4133 I have a question regarding the return of my security deposit. I live in Pueblo CO. When I moved in to the house, I paid $575.00 security deposit. I surendered the premises to my landlord on 9/27/2011. I contacted my former landlord on 10/27/11 regardin the return of my deposit. He stated that there would be some charges because there was a problem with the dishwasher and some plumming. On 12/06/11, 70 days after surendering the premesis, I sent the required certified letter demanding the return of the full deposit within 7 days or I would persue legal action and request Trebel damages. On 12/7/11, the landlord responded by sending me a check for $275.00 and a letter listing detailed charges. My questions, do I still have grounds to sue in small claims court for the full amount or Trebel damages because I have waited for more than the required 60 day time limit? I have a question regarding the return of my security deposit. I live in Pueblo CO. When I moved in to the house, I paid $575.00 security deposit. I surendered the premises to my landlord on 9/27/2011. I contacted my former landlord on 10/27/11 regardin the return of my deposit. He stated that there would be some charges because there was a problem with the dishwasher and some plumming. On 12/06/11, 70 days after surendering the premesis, I sent the required certified letter demanding the return of the full deposit within 7 days or I would persue legal action and request Trebel damages. On 12/7/11, the landlord responded by sending me a check for $275.00 and a letter listing detailed charges. My questions, do I still have grounds to sue in small claims court for the full amount or Trebel damages because I have waited for more than the required 60 day time limit?

]]> By: Douglas Turner http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-2187 Douglas Turner Wed, 28 Sep 2011 13:04:10 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-2187 Ivan: We would have to review the lease in order to properly advise you. Please give us a call or submit your issue by email and we can discuss the matter, further, and in private. Douglas Turner, Esq. Ivan:

We would have to review the lease in order to properly advise you. Please give us a call or submit your issue by email and we can discuss the matter, further, and in private.

Douglas Turner, Esq.

]]> By: Ivan Binnings http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-2186 Ivan Binnings Tue, 27 Sep 2011 19:13:55 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-2186 I rented an apartment in Idaho for Springs on a 4 month lease. The lease states that the apartment shall be use for 1 or 2 people. I told them that I would be getting a roomate. About a month into the term my landlord mentioned that they wanted the roomate on the lease and gave me paperwork to give to him. We returned that paperwork. Towards the end of the term I contacted the landlord to make sure that we were square and he informed me that the paperwork was only the rental application. I asked what I needed to do to make sure my deposit was returned (if we could fill out the lease then or what I could possibly do so that it would not be a problem.) He told me it was no longer a problem and just to make sure the place was clean. He is now withholding the deposit because I had a roomate there. There is more to the story- he had an issue with another tenant who was an employee of mine- and also told me during the same conversation that the best thing I could do to get my deposit back was to garnish the wages of this individual. The lease specifies 1 or 2 people, I never recieved anything in writing stating that my roomate had to be on the lease- and they never gave us a lease to sign. Basically he lied to me when he said we were square. Do I have a leg to stand on legally? I rented an apartment in Idaho for Springs on a 4 month lease. The lease states that the apartment shall be use for 1 or 2 people. I told them that I would be getting a roomate. About a month into the term my landlord mentioned that they wanted the roomate on the lease and gave me paperwork to give to him. We returned that paperwork. Towards the end of the term I contacted the landlord to make sure that we were square and he informed me that the paperwork was only the rental application. I asked what I needed to do to make sure my deposit was returned (if we could fill out the lease then or what I could possibly do so that it would not be a problem.) He told me it was no longer a problem and just to make sure the place was clean. He is now withholding the deposit because I had a roomate there.

There is more to the story- he had an issue with another tenant who was an employee of mine- and also told me during the same conversation that the best thing I could do to get my deposit back was to garnish the wages of this individual.
The lease specifies 1 or 2 people, I never recieved anything in writing stating that my roomate had to be on the lease- and they never gave us a lease to sign. Basically he lied to me when he said we were square. Do I have a leg to stand on legally?

]]> By: Douglas Turner http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-1933 Douglas Turner Tue, 28 Jun 2011 16:22:58 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-1933 Will: It would be inappropriate for me to address your question in an open forum. Feel free to give us a call and we can discuss the issue or refer you to another lawyer. Regards, Douglas Turner Will:

It would be inappropriate for me to address your question in an open forum. Feel free to give us a call and we can discuss the issue or refer you to another lawyer.

Regards,

Douglas Turner

]]> By: Will Arnett http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-1932 Will Arnett Tue, 28 Jun 2011 15:16:26 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-1932 I have kind of unique situation. We moved in to a home in the Denver area on December 1, 2010. We signed an 18 month lease at $2000/month. Sadly, we had to move April 10, 2011. Before we moved however, we found a new tenant that moved in on 4/30/11. We paid to advertise the house, showed the house and paid to screen them for the landlord. We paid the month of April and the new tenant starting paying rent 4/30/11. We also leased it to the new tenant for $2200/month instead of $2000/month. Long story short the landlord is in a better position now than he was when we rented for him and he didn't go a day without collecting rent. We also left the house in great shape and no damages were brought to our attention. When we moved in we paid a $2000 security deposit and $2000 for the last months rent (which we didn't use). It's now June 28th and he hasn't refunded any of it. Becuase we broke our lease early and found a replacement tenant are we entitled to our deposit and last month rent? We've been out of the house for 2.5 months and he hasn't mailed a letter stating he was keeping our deposit. Will I have kind of unique situation. We moved in to a home in the Denver area on December 1, 2010. We signed an 18 month lease at $2000/month. Sadly, we had to move April 10, 2011. Before we moved however, we found a new tenant that moved in on 4/30/11. We paid to advertise the house, showed the house and paid to screen them for the landlord. We paid the month of April and the new tenant starting paying rent 4/30/11. We also leased it to the new tenant for $2200/month instead of $2000/month. Long story short the landlord is in a better position now than he was when we rented for him and he didn’t go a day without collecting rent. We also left the house in great shape and no damages were brought to our attention.

When we moved in we paid a $2000 security deposit and $2000 for the last months rent (which we didn’t use). It’s now June 28th and he hasn’t refunded any of it. Becuase we broke our lease early and found a replacement tenant are we entitled to our deposit and last month rent? We’ve been out of the house for 2.5 months and he hasn’t mailed a letter stating he was keeping our deposit.

Will

]]> By: L Randolph http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-1876 L Randolph Thu, 09 Jun 2011 17:18:49 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-1876 Doug ~ re: Wrongful Withholding of Security Deposit Does notification via email, as that has been the only form of correspondence by either party to date constitute official notification of intent to file? Is a certified letter required? Thanks. Doug ~

re: Wrongful Withholding of Security Deposit
Does notification via email, as that has been the only form of correspondence by either party to date constitute official notification of intent to file? Is a certified letter required? Thanks.

]]> By: Douglas Turner http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-1463 Douglas Turner Tue, 21 Dec 2010 15:39:21 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-1463 Brenda: To answer your question requires reading the entire lease and a consultation with you. We provide this service for a flat fee of $200. Please contact our office if you would like to proceed. Regards, Douglas Turner Brenda:

To answer your question requires reading the entire lease and a consultation with you. We provide this service for a flat fee of $200. Please contact our office if you would like to proceed.

Regards,

Douglas Turner

]]> By: Brenda Bowman http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-1440 Brenda Bowman Fri, 17 Dec 2010 22:33:10 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-1440 Is a general security deposit refundable in Colorado ? This is over a pet deposit...It states that the rents,fees and other charges are considerer a general sucurity deposit. I paid $300.00 deposit and a fee each month for the cat(s) there was not damages done by the cat(s),Does it have to state that it is non refundable in the contract to make it non refundable? I am just wondering,Brenda Is a general security deposit refundable in Colorado ? This is over a pet deposit…It states that the rents,fees and other charges are considerer a general sucurity deposit. I paid $300.00 deposit and a fee each month for the cat(s) there was not damages done by the cat(s),Does it have to state that it is non refundable in the contract to make it non refundable? I am just wondering,Brenda

]]> By: Nan Borton http://www.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/comment-page-1/#comment-752 Nan Borton Mon, 20 Oct 2008 17:35:35 +0000 http://insights.douglasturner.com/2007/05/18/landlords-tenants-security-deposits/#comment-752 Molly, If you landlord is stationed at Tynall AFB you can attenpt to get your deposit from by calling the base in Panama City FL, You can call and get information from the base locator about what unit he is in and then call and speak with his First Sergeant or Commander. Your landlord can get into a lot of trouble for financial irresonsibility and I would imagine the call to the First Sergeant will accomplish getting your money without hefty legal fees. I am rrecently retired AF and can assure you this is way to get his attention. Sincerely, Nan Borton, USAF rRtired Molly,
If you landlord is stationed at Tynall AFB you can attenpt to get your deposit from by calling the base in Panama City FL, You can call and get information from the base locator about what unit he is in and then call and speak with his First Sergeant or Commander. Your landlord can get into a lot of trouble for financial irresonsibility and I would imagine the call to the First Sergeant will accomplish getting your money without hefty legal fees. I am rrecently retired AF and can assure you this is way to get his attention.

Sincerely,
Nan Borton, USAF rRtired

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