Maria has lived in her Denver, CO apartment for 6 years, renewing the lease on a
ID: 465907 • Letter: M
Question
Maria has lived in her Denver, CO apartment for 6 years, renewing the lease on an annual basis. On March 17th she notified her landlord that she accepted a new job in the State of Washington, and would be moving out at the end of April. Pursuant to the lease, the landlord was provided with a $900 security deposit to ensure that all terms of the lease were met and to cover any damages resulting from the Maria’s occupancy. On April 29th, Maria vacated the premises, leaving the keys and her new address for the landlord in an envelope on the kitchen counter.
On June 1st and June 17th, Maria left voicemails for the landlord, inquiring as to when she could expect to receive the return of her security deposit and received no response. On July 1st, she was finally able to speak with the landlord directly and was informed that she would only be receiving a partial refund due to “the damage made to the apartment.” When Maria asked about the damages, the landlord told her that there were “excessive holes in the walls” and that “the shower was all messed up.” On August 7th, Maria received a check from the landlord in the amount of $250. Your attorney has asked you to research this matter.
Please specify the jurisdiction from which this action commences.
Explanation / Answer
Answer:
The basis of law governing the contractual relationship between landlord and the tenant is grounded on both the Contract and the Property Laws. The relationship between the landlord and the tenant is based on the duties prescribed by either the statutory law, the common law or the terms of individual lease agreement between the two.
In the given case depending upon the terms and conditions in the lease agreement and depending upon the value of loss incurred by the landlord, the jurisdiction for the matter will be on the first stage the terms of lease, then the common law and finally the statutory law under the US Code.