Documentation for withholding of security deposit

Documentation for withholding of security deposit by Anonymous on April 20, 2016 @13:46

Questions from first time landlord.

Colorado statutes require landlords to return security deposits, or provide description of damages beyond normal wear and tear and any remaining security deposit, within 30 days of tenant vacation of premises.

Is it a better practice to provide a list of every damaged item, with a lengthy description of issues, photos, and estimates for repairs, OR should issue be handled with a brief accounting statement, describing damage and repair estimate?

My "spidey" senses tell me that this tenant expects all deposit returned, as she has a sister who is a paralegal, who started communicating with me and asking that damage deposit be used for last month's rent. Communications since then have used lots of "legalese".

Should this case end up in court, do I want to provide all the ammunition to the other side ahead of time? (I'm completely comfortable with deductions, as tenant removed kitchen cabinets, trim, painted, etc, without permission.)

Thanks for any thoughts.

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Re: Documentation for withholding of security deposit by Anonymous on April 20, 2016 @13:49	[ Reply ]

Oh -- and do I need to provide a list of everything that was wrong with the house, for purposes of withholding the damage deposit, or just the big stuff? (N.b., security deposit was only $600 and damage repair estimates are no lower than $5000.)

Re: Documentation for withholding of security deposit by Maiko (AL) on April 20, 2016 @14:49	[ Reply ]

There is a very handy form on this site called the Property Condition Report. The tenant fills it out on move in noting any existing problems. You fill it out after the tenant leaves. It's very detailed and provides for accounting for SD settlement. It may still be useful to you even thought the tenant hasn't filled out there portion.

Re: Documentation for withholding of security deposit by Anonymous on April 20, 2016 @15:46	[ Reply ]

Thanks for the comment. As a general rule, though, is it better to lay out everything at the beginning, or wait to see what the argument is, and address accordingly? (Paralegal-sister involved with the case has ben pointing out some language from my emails, so I'm a bit concerned that I might be opening a can of worms when I don't have to do so.

What I do

Re: Documentation for withholding of security deposit

Stop texting/messaging /emailing

Re: Documentation for withholding of security deposit by Anonymous on April 20, 2016 @18:33	[ Reply ]

Thanks for all of your feedback. Being a LL is NOT for the faint of heart. Long story on this one, but it looks like it would be best to lay out my case from the beginning, and use carefully chosen words.

Documentation for withholding of security deposit - Landlord Forum thread 344528