Is a landlord responsible for paying interest on a held security deposit? (In this case, 4 years held and no interest is returned).
Our landlord is charging us for full carpet repair. We lived in the apartment for 4 years, and the carpet was not new when we moved in. Isn't there a statue about standard wear and tear?
The landlord is charging us $300 for 'wall repair and painting'. Walls were in great condition when we left. Again standard wear and tear?
Unless your lease requires your landlord to pay interest on your security deposit he has no duty to do so.
As for the carpet, this is a normal wear and tear issue. Carpet is generally expected to have a useful life of about seven years. So, it the carpet is more than seven years old it is unlikely your landlord can maintain a claim for damages with regard to the carpet and if the carpet was new when you moved in and he had to replace it when you moved out he would only be able to recover about 40% of the cost.
You may want to consult an attorney regarding your security deposit issues. Depending on the facts you may have a case for triple damages and attorney fees against your landlord.
Donald at Robinson and Henry, PC. The above information is provided to you “AS IS,” does not constitute legal advice and we are not acting as your attorney. Because we do not have a full view of the facts in providing the above information we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Legal advice must be tailored to the specific circumstances of each case and the information provided to you may not be an appropriate fit in your case. Nothing here is provided or should be used as a substitute for the advice of competent legal counsel. This postings is for educational and information purposes only, not legal advice or legal opinions. The information is not intended to create a lawyer-client relationship between the author and you.
In Oregon, no interest is required to be paid to the tenant. Your case will depend upon Colorado law and need a Colorado licensed attorney to tell you. Ordinary wear and tear is always a very fact specific and frankly somewhat subjective issue. That said, even if something, be it walls or carpets, are damaged beyond ordinary wear and tear and thus subject the tenant to being financially responsible, the most you should be responsible for is the depreciated value. Carpet and paint, like everything else, have a normal "life expectancy". Thus, if purely for example, the life expectancy of carpet is 10 years and it was 6 years old when you left but you damaged the carpet such that it had to be replaced with new, you should only be on the hook for 40% of the replacement cost since the landlord got 60% of the life expectancy out of it. Same principle on paint. The obvious question is what the reasonable life expectancy is for carpet or paint - and in the end, it is what ever you and the landlord agree it is or what a Judge or Jury says it is. I do point out to Judges/Juries however that the IRS specifies that landlord's depreciate carpet in rental units over 5 years. So if the value to the IRS is 0 after 5 years, it is not binding upon a court but may be persuasive. Further, if a landlord has fully depreciated the carpet, it is arguably "worthless" anyway after 5 years. Will a Judge buy that? Who knows but it is worth a try. Alternately, it may be that the court in your area has already determined the reasonable life expectancy of carpet and paint in other cases and thus will apply the same standard in your case. An excellent question to ask your own local landlord-tenant attorney. Good luck.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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