Q: Can rekeying/cleaning be deducted from my security deposit under CO law?
I am questioning the legality of certain charges deducted from my security deposit by my landlord in Colorado. While my lease states that I must cover rekeying costs, and my landlord deducted $90.00 for rekeying upon my move-out, Colorado law (C.R.S. § 38-12-103(1)) clearly states what can be held from a security deposit and does not list rekeying as a permissible deduction. I received a letter with a detailed breakdown of deductions, including the rekeying charge and an invoice. The landlord insists that this is as per the lease, which includes a clause that reads, "Tenant to pay cost of rekeying upon move out."
Additionally, I dispute a cleaning charge, as I believe the apartment was left clean beyond normal wear and tear. I provided photos of the unit's condition at move-out and even had the carpets professionally cleaned. The landlord's invoice with handwritten notes mentions minor cleaning and dusting needs but they could not provide photographic evidence.
Does this lease provision legally allow the landlord to deduct rekeying and cleaning costs from my security deposit, or would these be considered improper charges under Colorado law?
A: If detailed in the lease, the charge(s) can generally be upheld. However, if the number of automatic charges are unreasonable or overblown, a court may find these charges are not proper.
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