Maria has lived in her Denver, CO apartment for 6 years, renewing the lease on a
ID: 465910 • 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.
5. Based on what you have learned, what is Maria’s position with regard to this matter?
Explanation / Answer
The statute applicable in this case is Title 38: Property - Real and personal Tenants and Landlords, Article 12 - Tenants and landlords and part 1. Security deposits - wrongful withholding.
38-12-103 - The statute lays down the conditions and the method by which landlord can withhold the security deposit to compensate for major damage to the property, which may require repairs. Landlord is not entitled to withhold the security deposit to cover normal wear and tear. When withholding the security deposit in part or full, the landlord is required by statute to written statement listing the exact reasons for retention of any part of the security deposit along with payment of the difference. The landlord is required to provide the written statement along with payment of difference in a timely manner, but not exceeding sixty days from the date of termination of the lease.
As per the applicable statute and obligations of the tenant and landlord, Maria is in a stronger position to claim full refund of the security deposit amount. As per Statute, the landlord is required to provide a written statement citing the reasons for withholding any amount along with payment of the difference. The lease terminated on April 29th. And after repeated follow-up by Maria, the landlord responded to her citing the reasons for deduction and the payment of difference was released on August 7th. So 100 days elapsed in between. As per statute, landlord is required to respond with the written statement and payment within 60 days of termination of the lease. The landlord failed to claim to withhold the amount within the stipulated time and therefore is in violation of the statute and has lost his claim to withhold any amount from the deposit money. Maria stands to recover the complete security deposit.