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Re: Landlord wants me to move 4 days early .. and.. - Landlord Forum thread 354380







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Re: Landlord wants me to move 4 days early .. and.. by Anonymous on September 24, 2017 @16:47

                              
Please disregard Garry. Your landlord cannot enter unless the lease states if he/she can and under what conditions, otherwise the landlord has no right to enter. Painting the place while you are still there would be considered "constructive eviction", if you move out early and filed against the landlord. You have the right to quiet enjoyment right up to the last moment. If the landlord withholds any part of your security deposit, here is what the statues say.

TENANT’S RECOURSE FOR WITHHELD SECURITY DEPOSITS
If the landlord does not either return the entire security deposit or send an itemized list of deductions,
along with any remaining portion of the security deposit, within the required time period, the landlord
forfeits all rights to withhold any of the security deposit. (C.R.S. §38-12-103(2)). If the landlord does
provide a list of deductions and the tenant disagrees with the deductions taken for expenses and
damages, or if the landlord has not provided such a list, within 30 days (or up to 60 if specified in the
lease), the tenant may send a “Seven-day Demand Letter” to the landlord, itemizing the charges with
which the tenant disagrees and stating that the tenant may sue the landlord for three times the
amount of the deposit withheld if the entire deposit or the disputed portion is not returned to the tenant
within seven days of receipt of the letter. The Seven-day Demand Letter should be sent certified mail,
return receipt requested. Additionally, the tenant should keep a copy of the letter. If the landlord returns
the security deposit in full or pays the tenant the disputed portion within seven days, the matter is
resolved.
If the tenant does not hear from the landlord within the seven days specified by the demand letter,
the tenant can then pursue legal action. A tenant must give the landlord a Seven-day Demand Letter
prior to pursuing legal action.

Any attorney or local tenant organization can help you decide your options.
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