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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100053
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello I was in a rental town home and the owner gave us a month

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Hello I was in a rental town home and the owner gave us a month to move out as they were g the property after we lived there for over five years. The owner is now refusing to give us our security deposit claiming the carpets need to be replaced and the door frames need to be painted. The carpet was orange and from the seventies. I believe that what they are doing is unacceptable and the paint is normal wear over five years. Can you give any info on the subject?
Thank you
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Did you take photographs before you relocated, and
2) How much is the deposit for?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.
No I was not smart enough to take pictures and the deposit was $950
A,

That is okay - most people do not. You are in good company.

I believe that what they are doing is unacceptable and the paint is normal wear over five years. Can you give any info on the subject?

Yes. However, the onus is on you to file a small claims court case to challenge the landlord's allegations. Until/unless you do, then the withholding is presumed valid.

One challenges the matter by filing a small claims case. The whole concept here is that if there was any damage beyond normal wear and tear. Johns v. McFann, 486 P. 2d 36 - Colo: Court of Appeals, 1st Div. 1971 (general discussion).

This wear and tear doctrine is on a case by case basis. If the carpet was from the 1970s, I highly doubt the Judge would authorize a full withholding on what was likely already worn and torn.

But, you'd have to file to seek this.

I hope this helps and clarifies. Good luck.

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