Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

If an apartment complex is renovating all units when they

Customer Question
are vacated, can they withhold...
If an apartment complex is renovating all units when they are vacated, can they withhold money from your security deposit for this they are already replacing: new paint (changed colors for new renovation), carpet cleaning fee (all carpet was removed and replaced with laminate), and stove drip pans (stove was replaced with a new stainless steel unit)?
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 4 minutes by:
6/15/2016
Lawyer: FamilyAttorney, Lawyer replied 1 year ago
FamilyAttorney
Category: Landlord-Tenant
Satisfied Customers: 1,537
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello. I’m a licensed attorney with 36 years’ experience. My practice is limited to family law and appeals, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this discussion I'm going to ask you to please rate me as that's the only way I get credit for my time here today. Are you okay with rating me at the end of our discussion? Thanks!

Please also understand I am typing my answer to your question – usually a detailed answer – and I’ll be back to you asap.

Ask Your Own Landlord-Tenant Question
Lawyer: FamilyAttorney, Lawyer replied 1 year ago

In Colorado, a landlord must return the entire security deposit when the tenant vacates, which means he can't take out money for the usual wear and tear in a building, such as needing new paint, cleaning carpets and stove drip pans. The law is clear about this, and it states as follows:

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.

He can withhold some of the security deposit only if you, the tenant, agreed to have him perform work at your expense. I'm sure that's not the case here.

In your state, if the landlord wrongfully withholds the security deposit for any reason, he can be liable as follows:

The willful and wrongful retention of a security deposit in violation of this section shall render a landlord liable for triple the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney fees and court costs.

Your landlord is doing usual wear and tear repairs and updating. This is not allowed to come out of your security deposit. If he says it does, you may want to discuss this with a landlord-tenant attorney, but if you're still living there, and expect to be there awhile, you may just want a consult with a landlord-tenant attorney (ask for a free consultation) and then you can decide if you want to do anything. You can also write a letter to the landlord, if he's planning on taking money out, stating that this is not permissible under Colorado law, that he must return the deposit in full under (C.R.S. 38-12-103(1) otherwise he will be liable for triple damages under C.R.S. 38-12-103(2) and (3a), attorneys fees and court costs.

Ask Your Own Landlord-Tenant Question
Lawyer: FamilyAttorney, Lawyer replied 1 year ago

Does this answer your question? If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you and best of luck to you!

We are not employees of Just Answer but are independent contractors, so your rating is very important to us.

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me.

Ask Your Own Landlord-Tenant Question
Lawyer: FamilyAttorney, Lawyer replied 1 year ago

I am logging off now but I'll be back later to check if you need more information. I'm happy to help. Thanks!

Ask Your Own Landlord-Tenant Question
Lawyer: FamilyAttorney, Lawyer replied 1 year ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks!

Customer/p>
Ask Your Own Landlord-Tenant Question
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney
FamilyAttorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1,537
1,537 Satisfied Customers
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years

FamilyAttorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Im 2 weeks late on my rent and i received a letter today
Im 2 weeks late on my rent and i received a letter today saying i need to pay my balance plus an additional $500 for legal fees. I usually pay late however Im never behind other than the couple weeks … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
What is the cost to ask a question? I am a tenant.
What is the cost to ask a question? I am a tenant. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I need to know if I am able to see what CAM prices that my
HelloI need to know if I am able to see what CAM prices that my landlord is charging to other tenants in the past 5 years. I think he adjusted my rate because he doesn't like me. Is he allowed to do t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,881 satisfied customers
I have a question a family member is a renter in a house
Ok I have a question a family member is a renter in a house that is in foreclosure that is owned by individual “A” but has givin the house title to individual “B”. Individual “B” never went to the cou… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
Back in July of this year, we discovered black mold in our
Second opinion] Back in July of this year, we discovered black mold in our basement apartment due to cracks in the foundation. We contacted our landlord (who lived upstairs) immediately. He came down … read more
Legal Expert Justin
Legal Expert Justin
Law Degree
193 satisfied customers
I need to evict a resident the homeowner [landlord] wants
I need to evict a resident the homeowner [landlord] wants him out in 10 days. I'm as bright as a box of rocks and ***** ***** Landlord thinks I,m dragging my feet... hes incapable. 69 yrs old how do I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
My question is the following... The 31 of october perform a
Greetings. My question is the following... The 31 of october perform a lease in apartment for 12 months in Las Colinas Irving Texas.I need to cancel it because i got divorced and I go to Italy in Janu… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
I am renting the second floor of a two family home in New
I am renting the second floor of a two family home in New Jersey. Today I asked my landlord about renewing the lease and he said we need to discuss an increase. The lease has no mention whatsoever of … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
I live in a 4-plex in a 1 bedroom unit.been living here for
I live in a 4-plex in a 1 bedroom unit.been living here for over a 11/2 years rent free.The unit is owned by my ex girlfriend and her sister and their mother. For seven years even up until now I've ha… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
This question concerns CA Tenant Law. Am I speaking to an
I have received a "LEASE VIOLATION" notice for garage storage and I would like to know what options if any, I may have if any. … read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
Upon signing the lease agreement, tenant and landlord are
Second opinion] Upon signing the lease agreement, tenant and landlord are suppose to have copies of every paperwork, correct? What if there was some paperwork I don't ever remember signing and I know … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
As landlord is there a maximum limit to respect to repair a
Hi. As landlord is there a maximum limit to respect to repair a hot water issue is there a legal limit? If not what is considered within reason? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
What's the definition of subletting in Berkeley, CA? A
What's the definition of subletting in Berkeley, CA? A family member of mine has moved in and does not pay rent. My landlord is asking to raise rent by 7% after we just had our rent raised by 3% a few… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
Upon signing the lease agreement, tenant and landlord are
Upon signing the lease agreement, tenant and landlord are suppose to have copies of every paperwork, correct? What if there was some paperwork I don't ever remember signing and I know I never received… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Trying to understand my options for getting my deposit back
trying to understand my options for getting my deposit back from a landlord … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Man complained continuously about cockroach infestation at
Man complained continuously about cockroach infestation at apartment complex. Management had his apt sprayed but did not seem to help. Management blamed problem on former neighbor (moved away). Now ma… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I rent in sr ..housing. Was inspected yesterday. Inspector
I rent in sr ..housing. Was inspected yesterday. Inspector went into my closet and would have gone in my personal freezer. Was she allowed to do this? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I hired a lawyer to represent me during my eviction and he
I hired a lawyer to represent me during my eviction and he didn't file my evidence I gave him during Discovery. He then quit and was dismissed as my lawyer 4 days before my trial even though I had alr… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,685 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x