Legal Question in Real Estate Law in Colorado
LL withholding $1500 deposit + addtl $6200
Does my ex ll have right to keep $1500 + request addtl $6200 for wear n tear, supposed pet damage(replace entire carpet) and misc other fees? She's trying to sell, get us to foot bill to increase her selling price. We have pics and video to prove condition house was left in. We feel we are entitled to refund of security deposit, less house and carpet cleaning(stated in lease). We've asked for itemized statement...all we get is emails listing estimates. The 60 days are up on 4/30/07. What do we do? We can--name removed--afford an attorney. Does anyone know of a real estate pro bono program?
1 Answer from Attorneys
Re: LL withholding $1500 deposit + addtl $6200
There is no way to say without reviewing the lease and having all facts as to what can be claimed. They will, of course, have to file in court to get the rest of the damages and prove their case.
If the lease allows them up to 60 days, all they need to provide is the reason for retaining any funds and you will have to sue them if you believe that basis is incorrect.
Talk to an attorney. There is not some specific real estate pro bono program. See if you qualify for Colorado Legal Services or Metro Volunteer Lawyers. As a general rule, you have to around poverty level. If you paid $1,500 for a deposit it is likely you may not qualify.
If you cannot afford full representation, you can still get unbundled assistance to review your matter or advise on small claims. I would not advise doing this without some legal assistance. Good luck.
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