Littleton, CO asked in Landlord - Tenant for Colorado

Q: After signing walk-thru documents, our landlord charged us for more repairs than originally documented.

On 5/31/17, we did a walk-thru with our landlord. We signed a document that stated the repairs she would make. On 7/7/17, we received a check and receipts for additional charges. She also replaced vinyl blinds with faux wood and charged us for the upgrade. Included in the charges was also a plumbing bill from 12/16, that she indicates is our responsibility but she she never mentioned it prior. Can she add things to our walk-thru after we signed? How can she charge us for upgraded blinds?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Generally speaking, new items cannot be added to a dually-signed walk-thru agreement. There are some exceptions--mostly related to what the documents actually says about new items, etc.

The upgrade is a bit of a grey area. On one hand, the upgrade is not a replacement. On the other hand, the cost difference for the upgrade may not be material enough to appear unreasonable (esp. of the type of blinds is not replaceable). A lot turns on what the document says about the replacement.

Uncertainty aside, you have legitimate legal grounds to contest both matters.

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