Legal Question in Real Estate Law in Colorado

Hidden Damage

After having a vacating tennant sign a final walkthrough stating damages he was responsible for, I have found others that were hidden by him that amount to a sum I can't afford to lose.

The items amount to small damages individually, but when added up they exceed $200. Examples include:

*Window screens cut from the frame

*Complete window screens & frames missing

*Window blind slats bent

*Broken ceramic floor tile

Is there a legal precident that gives me the authority to withold money for damage not noted on the final walkthrough if it was:

1.Not obvious

2.Hidden by the tennant

3.Not noted on the move in walk through


Asked on 6/10/00, 6:58 am

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Hidden Damage

Prepare an "Amended" final walk through agreement which includes the items you discovered only after the tenant had gone.

Present this amended agreement to him with the charges clearly spelled out, withhold that amount from his C & D deposit, and leave the rest up to him.

It is always wise to have abundant photographs of the items in contention, and another party present to verify the damage if you are going to have it repaired.

Lots of photos.

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Answered on 7/31/00, 2:22 am
Stanley Spring Stanley A. Spring, Attorney at Law

Re: Hidden Damage

It is immpossible to tell without knowing what the sign off sheet says, the question can't be answered. If there was no signed sheet, withhold from the deposit and send him your notice of withholding within 30 days of the move out.

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Answered on 7/30/00, 5:10 pm


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