Q: Can a landlord sue you based on estimates without an explanation of what was repaired?
Landlord withheld my entire security deposit of $1750 and charged $2065 on top of that for “estimated” repairs. They will not provide receipts, I have requested them several times. They took me to court because I did not pay until I received receipts. Now I will be responsible for interest and their legal fees on top of that!? Is this legal? I have move-in photos and documentation as well as move out photos. How can they request and require payment for unknown items???? The home was sold after I moved out so I believe they used these funds to make repairs for wear and tear of 12 years as a rental.
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- Colorado
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- Answered
A:
You need to talk to an attorney. The landlord as Plaintiff, just like in most civil cases, has the burden of proof which includes proving their damages. Damages do not need to be exact, but they cannot be guesses either.
Depending on where you are in the process, you may even wish to consider a security deposit claim. In certain circumstances, the landlord waives their right to retain any portion of the security deposit.
Regardless, you need to talk to an attorney sooner rather than later.
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