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Video instructions and help with filling out and completing Colorado landlord tenant law security deposit

Instructions and Help about Colorado landlord tenant law security deposit

Music in this episode we will be discussing Colorado returning security deposit the Colorado Revised Statutes title 38 article 12 section 103 dictates the following timeframe and procedures for returning a tenant security deposit at the end of tenancy one month to deduct and return a landlord shall within one month after the termination of a lease for surrender and acceptance of the premises which ever occurs last returned 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 60 days no security deposit shall be retained to cover normal wear and tear it is important to note normal wear and tear means that deterioration which occurs based upon the use for which the rental unit is intended without negligence carelessness accident or abuse of the premises or equipment or chattels by the tenant or members of the household or their invitees or guests statement of deductions required in the event that actual cause exists for retaining any portion of the security deposit the landlord shall prthe tenant with a written statement listing the exact reasons for the retention when the statement is delivered it shall be accompanied by payment of the difference between any sum deposited in the amount retained delivery of security deposit and statement the landlord is deemed to have complied with the section by mailing the statement and any payment required to the last known address of the tenant it is important to note this section shall not preclude the landlord from retaining the security deposit for non-payment of rent abandonment or non-payment of utility charges repair work or cleaning contracted for by the tenant penalty for failing to prstatement the failure of a landlord to pra written statement within the required time specified in the subsection one month to deduct in return shall work a forfeiture of all his rights to withhold any portion of the security deposit under the section penalty for failing to return security deposit the willful retention of a security deposit in violation of this section shall render a landlord liable for three times the amount of that portion of the security deposit wrongfully withheld from the tenant together with reasonable attorney fees and court costs except that the tenant has the obligation to give notice to the landlord of his or her intention to file legal proceedings a minimum of seven days prior to filing it is important to note in any court action brought by a tenant under this section the landlord shall bear the burden of proving that his or her withholding of the security deposit or any portion of it was not wrongful tenant rights cannot be waived any provision whether oral or written in or pertaining to a rental agreement whereby any provision of this section for the benefit of a tenant or members of the household is waived shall be deemed to be.

FAQ

Landlord-tenant law: In India: How do I file a harassment complaint against my Landlord who also refuses to to give me my security deposit back??
You are not supposed to know the nitty-gritty of any law to file a complain at any police station.Go to the police station asap, file a complain (just state your problems and attach copies of all possible documents related to this matter)and let them interfere. Initially, they would listen to both the parties and ask for some mutually agreed settlement.Remember to have your complain acknowledged by the police. And , your complain should be in harmony with the rent agreement terms. Meanwhile, try to fetch some evidence before filing a complain,so that you could prove your points.At this tender age you should try your best to avoid any serious complain against your name. As stated, they have an upper hand on you. So, please choose the minimum resistance path. Your priority should be to settle the issue in the best possible way rather than teaching them a lesson.
Can a landlord deduct $50 from a tenant's security deposit as a fee to perform the move out inspection?
No. It might be a threat to get you to show - many tenants prefer not to bother and the landlord inspects the property, filling out his final condition report with no one to explain what he sees. No mitigation is offered and the absence of the tenant is de facto admission that damage will be found.He cannot deduct for normal wear and tear. Be there and explain everything. He will probably find damage as it is a rare tenant who leaves everything pristine and perfect. I like those.Charging for one of the duties he must perform is ridiculous. It is simply not done.
If a tenant makes a security deposit at the time of moving in, shouldn't the law require the landlord to refund an inflation-adjusted amount instead of the original amount at the time of moving out?
Inflation adjusted? No, I don't think so.That's preposterous. Not even a bank will return your money adjusted for inflation, and landlords are certainly not banks.To illustrate how preposterous this idea is, suppose there is economic deflation instead of inflation. Your "inflation adjusted" refund will then be less than the original security deposit you placed with the landlord.  Perhaps you mean interest? Many states, like New York, require security deposits for residential tenancies to be returned with interest, however most of those states also allow a deduction against that interest for the administrative expense of keeping the tenant's security deposit account.
In NY, is it normal for a landlord to take the tenant's security deposit upon breaking the apartment contract early?
Taking the deposit is a standard response for breaking lease. It could have been worse. http://www.tenantsinfo.com/break... has more information on breaking lease, if your interested in what it could have cost.While you didn't sign a lease you did agree verbally and you also continued to pay rent. That would, in court, generally be enough to renew the lease at least in most states. Your landlord should still have sent you a letter  explaining why you didn't get your deposit back, that is assuming of course you left them your new address. If not they have 30 days after they get your forwarding address to send you that note.Even if you weren't legally held responsible for the lease because it wasn't renewed month-to-months are required to give 30 days notice before they move. If you did not you are responsible for a months rent.  If there was damages or cleaning that needs to be done that months rent and the those would probably be enough to eat up most if not all the deposit. You should still get a letter explain how the deposit was used however.
Can a landlord in California legally withhold the security deposit if a tenant is evicted due to default on rent?
Yes. In California, landlords can deduct your security deposit for four reasons, one of which is unpaid rent. Security DepositsThere are a few situations where you will NOT be able to do this (i.e. the tenant can sue for the deposit back). Deduction for Unpaid Rent | myRight1) The tenant did not pay rent, but found a suitable replacement to take over the lease, without causing any damages (missed rent). If you refused the replacement for a bad reason, the tenant may be able to fight for the deposit back.2) The unit is "inhabitable," which means it is unfit to live in. This can include major plumping issues, little light and ventilation, structural hazards, or vermin problems. Of course even in these situations, the tenant will have to sue you. Given the eviction, it's doubtful that he/she will. But I'll give you the benefit of the doubt and assume you're not a slumlord :D
Is a landlord in California required to return a tenant security deposit if they evict them?
California law does not permit you to hold the security deposit, even for an eviction for non-payment of rent.A landlord may hold the security deposit if you are notified of damages up to the amount of the security deposit.They are also allowed to go after you for damages, if in excess of the security deposit, and unpaid rent.Whether this happens in small claims court or Superior Court will depend on the amounts • some landlords will haul you into court separately for different unpaid amounts.So if you didn’t pay utilities, and you didn’t pay your rent, and you damaged the apartment, you may be dragged into court multiple times to keep each of these amounts under the small claims total limit.If they are forced to return the security deposit on top of that, and there are in fact damages • better get a lawyer, since that will almost always end up in Superior Court, since the total will be over the limit.
Can the landlord keep a tenant’s security deposit if their property was damaged due to the tenant’s negligence?
Typically, yes, a landlord may keep that portion of a tenant’s security deposit as reimbursement for the cost of repairs and/or replacement items.For specific information and requirements including time frames and itemized statements, visit the following resource to learn the security deposit laws of your state:American Landlord - Landlord-Tenant Laws, Articles, Videos, and More.
Is it legal for my landlord to hold my security deposit until I find a new tenant?
I think that you haven’t provided enough information, so I will try to fill in.If you either you are month to month and have given your 30 days notice, or on a lease that has ended, no your landlord cannot legally hold your security deposit until you find a new tenant. The part about you providing the new tenant is confusing.If you are breaking a lease by leaving early, you are potentially liable for the rest of the rent. Your landlord might hold onto your deposit with the intention of applying it toward unpaid rent. That would be legal. On the other hand, he is required to mitigate his damages by re-renting the apartment. Whether he does this in a timely manner is a question that a judge might decide if this goes to court. It would clearly be in your favor in that case if you provided an interested and willing replacement tenant however it is not your job to do so.Reading the new information, my original interpretation was wrong. Apparently the landlord actually put this clause in a contract and I have to retract was I wrote. Instead I note that leases are contracts, so in theory a clause such as this might be enforceable. In many locations, there are restrictions as to what a landlord can put in a lease. I doubt that this clause would be legal in most locations.It occurs to me that if it is legal, there is a simple behavioral defense against such a clause. Upon leaving, tell the landlord that you are working on finding a tenant for him. Then go ahead and do nothing. His choices then become, 1) Sit back and lose rent, or 2) Find a tenant. Once he finds a tenant, sue him for the deposit. His defense in court will be that you did not fulfill the terms of the lease. Your defense will be that you were not given enough time, you did your best and that the time it was taking was reasonable since you have no experience finding tenants.
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