This has just been one thing after another with guy since they notified me. This was his last email to me (All Underlined), and let me know what you think:
Hello,I am afraid you are in error and I will have to inform you of your and my legal obligations. I am no longer bound by the lease contract by the fact that you already have another tenant living on the property. We paid a $1400 security deposit which is more than sufficient to cover the rent owed. You are required to provide proof and documentation for all purposes of the money used. It is not legal in the State of Colorado to state in the lease agreement that the security deposit is "non-refundable" and this simply will not hold up in court.As per the lease:The deposit shall be applied as follows: Security Deposit: $1400.00 to be held and disbursed for Tenant damages to the Premises or other defaults under this Agreement (if any) as provided by law.This includes past due rent ($1000), which means that after that fact you would infact owe me the remaining $400. Minus the late fee for the rent and you owe $300, which by law you have to pay within a month of our lease termination, which would be September 30th.My mailing address is:PO Box 1543Monument CO, 80132As per the Colorado Revised Statutes:Colorado Statutes – Article 12 –Tenant and LandlordReturn to Title 38 index. 38-12-103. Return of security deposit.(1) A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payment required to the last known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.(2) The failure of a landlord to provide a written statement within the required time specified in subsection (1) of this section shall work a forfeiture of all his rights to withhold any portion of the security deposit under this section.(3) (a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorneys' fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.(b) In any court action brought by a tenant under this section, the landlord shall bear the burden of proving that his withholding of the security deposit or any portion of it was not wrongful.For a residential lease, a landlord can withhold from the security deposit only those amounts that are reasonably necessary for certain purposes.The security deposit cannot be used for repairing defects that existed in the unit before you moved in, for conditions caused by normal wear and tear during your tenancy or previous tenancies, or for cleaning a rental unit that is as clean as it was when the tenant moved in.Civil Code Sections 1950.5(b), (e). A rental agreement or lease can never state that a security deposit is “nonrefundable.”A landlord has 21 calendar days to do either of the following: Send you a full refund of your security deposit, or Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted.Thank you.
So he is basically claiming that he can sue me for the full deposit back, and thinks he has the leverage here and not me.
Ok, yes the lease is written that way, but I guess my question is whether or not this is a legally binding agreement for him to purchase the house, since it was not really just an "option," as it was written that they were purchasing the house at the end of the lease. Do I have the ability (regardless of whether he can afford it or not), to make a case against him for defaulting on this purchase agreement?
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