Q: Landlord stopped payment on security deposit and threatening to take more after new tenants claim carpet smells
We moved out of the home we were renting last month and bought a home. Two days ago, the landlord emailed and gave us a written list of the walkthrough and how much of our security deposit we would be receiving. Today, we receive another email stating that they put a stop payment on the check because the new tenants say they smell something in the carpet. Carpets were professionally cleaned and sanitized. The landlords were there for 2 weeks updating paint, etc and said carpet was fine. New tenants have been in about a week and now all of a sudden say the carpet smells?? The carpet was clean and fresh when we left, we have receipts and photos showing it was cleaned, and landlords signed off saying carpet was fine. How can we get charged after new people have moved in and could have done who knows what to the carpet themselves??
A: The issues you bring are valid and likely defenses should this matter go to Court. I recommend you google the Colo Sec Dep Act as it provides stiff penalties for Landlords who do not properly handle and timely provide a written accounting of any security deposit amount withheld for damages.
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