I am currently renting a house in evergreen co. for a month and have been here for two weeks. we never signed a contract or had one presented to us before or after we paid in full plus a hefty deposit. The owner is now insisting that we pay her extra to come and clean prior to the end of the month. She says that she only has a few hours after we leave to clean before the next tenants and is already threatening to withhold parts of our deposit. She is stating that there are normal fees for maintanence on her hot tub and weekly cleaning fees that she has choose to waive even though she never informed us about them. What kind of ground do i have to stand on
Country relating to Question: United States
State (if USA): Colorado
Hi, thanks for your inquiry! I have been practicing law for 17+ years and have specific experience with issues similar to yours. That being said...OK, just to clarify, you paid rent and upon doing so, she gave you the keys and you moved in. (Sounds like a vacation?) She is now saying she wants more, for you to pay for her to clean, AND, let her do so before your months rental is over?
correct my family and i are here on vacation
Do you have an answer to my question
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I am currently renting a house in evergreen co. for a month and have been here for two weeks. we never signed a contract OK, that means you have a verbal contract, which is fine. While the terms are not carved out, most courts tend to presume that you paid upfront for ALL - because a landlord will not likely give out the place without being paid in advance! That is industry standard.
or had one presented to us before or after we paid in full plus a hefty deposit. The owner is now insisting that we pay her extra to come and clean prior to the end of the month. For her next tenants? Typically, YOU are a required to be sure it is clean before you leave. (I remember using our last day to clean, and final morning as last minute stuff.) And she can't charge you for her alleged need to clean it after. In this case, I strongly urge you to take a video walk through, with close ups, of how CLEAN you leave it, the morning you leave. It sounds like she is possibly planning on making a few extra bucks off you, and you may have to sue her for the deposit back (or part of it).
She says that she only has a few hours after we leave to clean That is not your problem. That is her problem if she chooses to not give herself more time.
before the next tenants and is already threatening to withhold parts of our deposit. She doesn't have a winning case.
She is stating that there are normal fees for maintanence on her hot tub Normal doesn't count if she didn't have that agreement with you. ANd, had she really had that in your oral agreement, she'd have likely upped the rent to include them..... No sane landlord starts bugging a tenant with afterthoughts on what she feels she should have charged. She is amazingly unprofessional.
and weekly cleaning fees that she has choose to waive even though she never informed us about them. I agree. Is she really coming in each week and CLEANING while you are renting?
What kind of ground do i have to stand on Based on these facts, I see not grounds by the landlord. However, that may mean, if she refuses your deposit back, that you have to sue her, unfortunately.
Optional Information: Country relating to Question: United States State (if USA): Colorado
"If the landlord does not return the security deposit or does not send an itemized list of deductions within the required time period, or if the tenant disagrees with the deductions made by the landlord, the tenant should take the following steps:
1. Attempt to negotiate with the landlord for the return of the security deposit.
2. Send a letter to the landlord. This letter, called a “Seven-day Demand letter,” should state that the tenant will sue the landlord for three times the amount of the deposit withheld if the deposit is not returned to the tenant within seven days of the receipt of the letter. A template for this letter is available on-line. The letter must state:
a) the address of the prior rental premises,
b) the dates of the tenant’s occupancy,
c) the amount of the security deposit originally paid,
d) the tenant’s current mailing address, and
e) (if applicable) a statement by the tenant explaining any disagreement with charges withheld from the deposit.
The letter should be sent by certified mail, return receipt requested. The tenant may also send a copy via regular mail. The tenant should keep a copy of the letter and the certified mail receipt.
If the landlord returns the deposit in full or pays the tenant the disputed portion of the deposit within seven days of the landlord’s receipt of the letter, the matter is resolved."
19 Years of Legal Practice Experience in this precise field.
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