Denver, CO asked in Landlord - Tenant for Colorado

Q: I feel im getting over charged for replacement of carpet and dings on a couple doors 900 to replace carpet in 2 bedrooms

Also 500 charge for a ding on 2 doors do i have the right for the landlord to show me receipts of what cost was to replace carpets and doors?

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1 Lawyer Answer
Ashley Dean Powell
Ashley Dean Powell
Answered
  • Licensed in Colorado

A: Assuming you are talking about potential damages coming out of a lease security deposit at the end of a lease, the landlord would eventually (if it went to court) have the burden of proof regarding any portion they withhold. Colorado statute (section 38-12-103) certainly entitles you to an itemized breakdown of the reasons landlord is withholding all or any portion of your security deposit. You probably are not entitled to see the exact receipts/bids upon which landlord basis its claim.

Note that the statute prohibits landlords for charging for ordinary wear and tear, so you might consider whether you believe the dings in the door are the types of dings that can happen in ordinary wear and tear conditions.

The statute referenced above would entitle you, after proper 7-day demand notice is given to landlord, to sue landlord for the return of any portion of your security deposit you believe was wrongfully withheld (which may include an intentional overcharging for a particular item). The risk there is that you as tenant don't have the right to tell the landlord which type of carpet to use from which company and to be installed by a particular contractor (for example). So, unless landlord's choice of replacement carpet and installation was unreasonable (rather than simply not the cheapest/best deal possible).

If you haven't already, you could ask landlord how the amounts were determined to see how cooperative landlord will be in sharing that information.

Also, if the amounts claimed by landlord exceed your security deposit and you are confident that you are being over charged, you could simply refuse to pay in an effort to force landlord to sue you and prove the charges are appropriate. The risk in that approach may be an increase to your eventual costs if landlord wins and is awarded costs and attorneys fees for the extra expense of having to sue you.

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