With respect to carpeting, normal stains and marks from shoes and surface dirt are considered normal wear and tear all across the board. If there are pet stains or odors, that is something that a landlord would deduct from the security deposit. Excessive nail holes are considered beyond normal wear and tear and if repainting is needed, that can be deducted from the security deposit as well. Generally, whenever I myself have moved out of an apartment, I have made sure to close up all nail holes. Also, it is very important to do a walk through. If you and/or your daughter did a walk through and the smell was not mentioned, for example, then I would dispute the landlord's charging for it since the purpose of a walk through at move-out is so that there are no surprises.
With respect to the smoke alarms, if they don't work due to negligence on the part of your daughter, then the landlord can charge for that. If, however, they are not working simply because they are not working, then the landlord cannot charge your daughter for that.
The "warranty of habitability" has nothing to do with the security deposit. Rather, it is a guarantee in every lease that a residence is fit for people to live in. In Colorado, it is codified by statute. Colo. Rev. Stat. § 38-12-503(1). The statute cites several examples of what would make a residence uninhabitable, although the list is not exhaustive.
- 1) Waterproofing and weather protection of the roof, exterior walls, windows, or doors;
- 2) Plumbing and gas facilities;
- 3) Running water and reasonable amounts of hot water;
- 4) Functioning heat correctly installed and in good working order;
- 5) Electrical lighting correctly installed and in good working order;
- 6) Common areas that are reasonably clean;
- 7) Extermination of rodents or vermin;
- 8) Adequate garbage receptacles;
- 9) Floors, stairways, and railings in good repair;
- 10) Locks on exterior doors and locks or security devices on windows; and
- 11) Compliance with building, housing, and health codes, which, if violated, would cause the home to be dangerous to the tenant
Also see Colo. Rev. Stat. § 38-12-505.
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