Legal Question in Landlord & Tenant Law in Colorado

Suit without cause?

My parents just ended a 9-month lease, where they lived with their cats, since their new puppy can't be added.

While there, a cat peed in the front room, soiling the carpet.

When cat pee odor returned after professional cleaning/sealing, they were given the option of either successfully re-cleaning it, or forfeiting the deposit. They chose to relinquish the deposit, and thought the issue settled.

Now, he is demanding another 5000.00. He says he will sue them if they don't pay, and can do so, as their new little puppy violated the lease.

Can he really sue them even though the so-called lease violation was unrelated to the damages he says he's suing for? The cats were included in the lease, and the deposit has already been paid to satisfy the damage. Doesn't the deposit serve to cover for the tenants even though it may be +/- the actual costs of repair? Should they agree to give him more money?? They're good, honest people who would do the right thing, (my mother's a minister) but I don't want to see them conned unfairly, and am not really sure they should pay another 5000.00 because their cat peed on the carpet.

Can you offer any advice on how the issue should be addressed?

I would be grateful for help.


Asked on 10/16/07, 6:31 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Suit without cause?

Your parents are being blackmailed by an unscrupulous landlord.

Let's deal with one issue at a time. Replacing a carpet is limited to the approximate replacement value of the carpet when the age is taken into consideration. For example, if the carpet costs $1,000 new and has a life of 10 years (carpet companies will tell you the life expectancy) and it is ruined when it is 7 years old, the tenant only has to pay 3/10ths of the replacement value. or $300, because landlord is responsible for ordinary wear and tear in the premises. Therefore, depending on the value of the carpet, and the size of the deposit, my best guess was that the miserly landlord cheated your parents, and should be held accountable.

Next, he can sue, but the question is whether he can collect! Violating the lease is one thing, but the damages have to be connected to violating the lease, and $5,000 is beyond outrageous.

They should not offer one penny more, and should take him to Small Claims Court for fraud.

I would suggest retaining an attorney to, at the minimum, write a strong demand letter to the landlord, regarding return of the deposit at the very least, and requesting additional damages.

You are correct....they are being conned!

One area that is important here is that the landlord can be assessed a penalty of $600 for "bad faith" as far as failure to return a deposit, and that $600 goes to the tenants directly from the landlord's pocket.

Please feel free to e-mail, or call, my office, if you need more.

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Answered on 10/16/07, 6:53 pm


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