Q: Can a landlord withhold a portion of the security deposit for “lost rents” and is so what is the time frame?
We moved out 12 days ago. Our old landlord put the house on the market 7 days ago. They had one person look at the property and mention pet urine smells in one of the bedrooms as their reason for not renting. Now they are trying to withhold $1,000 for “lost rents.”
A:
I would reach out to an attorney.
From a general standpoint, most leases permit a landlord to withhold a portion of the security deposit to cover damages to the leased premises exceeding normal wear and tear. This could include the cleanup of pet urine.
Landlords needs to be careful to document the costs associated with the repair and provide a detailed itemized statement along with the remaining deposit within the shorter of the time provided in the contract or provided by the security deposit statute.
Failure to do so may subject the landlord to legal liability.
Colorado has a very strict security deposit statute. Landlords need to be ready to prove that any withholding they make is valid and that they have complied with all aspects of the statute. Otherwise, they risk paying treble damages, attorney fees, and court costs.
In terms of lost rent, I would suggest you talk to an attorney. That is a very unique scenario that would require a bit more analysis.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
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