Colorado Security Deposit ACT- My landlord is withholding $10-blinds, $50-carpet cleaning $ 97-util and $ 80-painting?

Asked over 1 year ago - Denver, CO

I paid $450 deposit to move into a studio. I gave appropriate notice(60 days) on March 30th and moved out May 30th. I just received a itemized written deduction today (listed above,) but no Security deposit check was enclosed. I left the place spotless! and took photos with a witness in hand to verify the unit was clean and without damage. Upon the scheduled "walk through" I was told I didn't need to stay for that because the manager didn't have time at that moment . So I left after returning the keys because I trusted that she would see a spotless ( clean) unit.
My question is why am I paying for cleaning the carpet and Painting ( no holes or marks)? Under CRS 32-12ยง 101-4, What does"Cleaning contracted for by tenant" mean?. By law the SD Check is to be with the deduction letter?

Additional information

Does the Rental agreement -Security Deposit (d) allow cleaning charges?

d."Resident has thoroughly cleaned the premises. "Resident acknowledges that there are specific charges that the owner may charge for cleaning and damages." Those charges are agreed to by Resident and the Resident affirmatively agree to have Owner's agents inspect the premises prior to move-out. The owner will be entitled to and may deduct from the security deposit monies due pursuant to the Owner's cleaning charge list and all other reasonable charges to accomplish cleaning and also to repair damage beyond normal wear and tear to allow premises to be re-rented."

Attorney answers (2)

  1. Stephen Clark Harkess

    Contributor Level 20

    5

    Lawyers agree

    Answered . In order to survive a challenge to these charges, the landlord needs to establish that the deductions were for things that were necessary and went beyond normal wear and tear. If the landlord cannot establish that and show that they returned the remainder of the deposit, they are not entitled to retain any of the deposit.

    If the landlord does not return your deposit within the 30-60 days (depending on the lease) provided by law, you can send them a written demand and then sue for three times the deposit plus any attorney fees and costs incurred in the case.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . My colleague is correct. A security deposit may only be withheld for damages beyond "normal wear and tear." Carpet cleanings and paintings are generally par for the course in renting property -- as these are things that a landlord is usually obligated to do on his/her own.

    If you can prove that the landlord improperly withheld your deposit, then you might consider filing a small claims action against him/her.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

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