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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have question about landlord/management company suing

Customer Question

I have question about landlord/management company suing tenants for damages beyond their deposit in the state of colorado. Basically the tenants scraped, dented, punched holes, and left badly patched and unpatched holes on every wall in my townhome. Their are stains, marker/crayon marks etc. In addition all my base boards have been damaged by scraps, dents, and dog teeth marks. Two different painters/repair men have estimated the damage to cost $2850 to $3100. My management company has told me that the courts are notoriously pro-renters and will likely actually make us give back their deposit and not pay for any of the damage (deposit of $1975). In addition it does not appear the management company collected the total amount for the partial month the tenants resided in my home for the last month. This would mean I would have to pay upwards to around 2500 to repair my home. Is this true ? Will the court likely side with the renters ? Is it worth it to go after them in the courts for mor
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. Thanks for asking for me.
While it is true that the courts do tend to be somewhat prone to siding with tenants---the sort of damage that you refer to is far more than just normal wear and tear and I don’t believe that you will have any trouble winning a lawsuit for breach of contract and for damages to your rental.
I think that the management company may be pushing for you to ignore it because they may have not done their job. You won’t know until you sue and see what kind of claims that the tenants might make against your management company.
However, there is no sever bias against landlords as your company is suggesting. And I would never expect that the court would order you to give back the deposit.
Just be sure to document the heck out of the damages---with several dozen photos and solid repair estimates by licensed contractors. Then I believe you will have a meritorious case.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,