Q: at what point can a walkthrough for damage deposit be considered finished? Landlord is witholding based on new finding
left the residence 27 July. Received email confirmation that walk through was conducted 3 August. new tenant moved in the following week. follow up email sent August 18th with a reply that the new tenant found something that may impact my security deposit, 2 weeks after inspection was conducted. no report given yet.
A:
The landlord can try and based on the circumstances there could theoretically be a legitimate claim (e.g. the departing tenant could have hidden damage). However, the landlord has a very big problem related to causality. Specifically, with a prior walk thru (with a confirmation) and notice after 2 weeks of a new tenant means that it may difficult to connect the departing tenant with the damage.
Based on your facts, the departing tenant (you) has a much stronger case than the landlord.
That being said, the landlord can withhold some of the security deposit and force you to sue to get the money back. Note, Colorado allows special damages (of a reasonable amount) when landlords improperly withhold a security deposit.
You may need an attorney for assistance, but an attorney is not required.
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