If a landlord provides an itemized list of deductions but will not prove that the amount they are charging is legitimate (with invoices), do I have a legitimate small claims case against them?
The landlord has lied to me on multiple occasions so I do not trust their word regarding the cost of each of the deductions. What recourse do I have if they refuse to show any sort of proof that they actually had the work done that they are charging me for.
Additionally, the lease that I signed states I must pay for normal wear and tear while Colorado law clearly states the landlord is responsible for normal wear and tear. I was wondering if me signing the lease negated the landlord's responsibility or if it was actually allowed for a lease to contradict a law that is supposed to protect tenants in the first place.
Thanks for any help!
The information provided is for general information and does not form an attorney-client relationship. See our .Bill HenryFounding Partner | 19 years of experience
Bill HenryFounding Partner 19 years of experience
Colorado’s security deposit statute does not require a landlord to send receipts along with its itemized list of deductions. If you feel the charges are not legitimate, you may challenge them in court. Depending upon the court in which the case is filed, you may be entitled to see the landlord’s evidence prior to trial. The statute also says that no security deposit may be retained to cover normal wear and tear, and suggests that any lease provision to the contrary may be unenforceable. This issue is somewhat complicated, so you may want to consult with an attorney before deciding a course of action.
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