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My apartment building was purchased in early February and by…

Hi. My apartment building...

Hi. My apartment building was purchased in early February and by late February all tenants were informed we had to be out by March 31 with no flexibility. I paid first and last months' rent when I moved in (about 7 years ago). What can I do to be sure I get that last month's rent back in a timely manner, hopefully right when I move out and give up the apartment?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Denver, Colorado

Lawyer's Assistant: Has any paperwork been filed?

They posted a "Notice to Quit" on Feb. 28

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Answered in 4 hours by:
3/11/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 2,905
Experience: Executive Director at Neurogenx Nerve Center of Princeton
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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When does your lease expire?

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Customer reply replied 1 month ago
I don't have a lease currently; I am month to month. I've had two 6 month leases during my tenancy, but have been monthly for at least the past year. I don't expect to be able to resist the order to quit, but I would like to guarantee the return of the 'last month's rent' I paid as a deposit when I first moved in. The new owners, Jewel Partners, LLC, and the new management, Apartment Management Consultants, LLC (AMC), have been nothing if not cut-throat, and, to the mind of most of the residents here in the Alpenhaus Apts,, have acted in rather bad faith. I did pay rent for March, but need to vacate on March 31. Do I have any leverage to get/demand my last month's rent when I vacate? The new owners are planning a major renovation, so the condition of the apartment should not figure in. Let me know if you need more information and thank you for your response.

So you're being forced out, essentially - right? And you have decide to vacate on 3/31 as asked. Which means there is no basis for them to hold on to your last month's rent unless there is damage to the apartment (even though the condition of the apt should not factor in, it certainly can, b/c deposits are meant to address apts that are not left with just normal wear and tear. I get your point though, since they're planning on doing a major renovation anyway). I don't know that you need to "demand" last month's rent until and unless you don't get it back!

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Customer reply replied 1 month ago
Thanks for your answer. A couple quick points. I have been battling an infestation of bed bugs since last summer. The previous landlord/owner made agreements with me to replace all the flooring once it seemed the bugs were cleared out. I then undertook, with his knowledge and approval, a course of action which included the spreading of diatamaceous earth and the creation of boundaries with it. It has been largely effective, though not completely. I have very few bugs left which I see (though I know there may be some nesting). This means that there is more than normal wear and tear were the situation normal. There are other things which the past owner agreed to do and just never did, all of which I consider normal maintenance wear. Second, how long should I expect to wait for the last month's rent to be returned before I then demand its return. By May 1, I will be up in the mountains for a work project. I really don't trust these new owners/managers. They have been underhanded, fundamentally dishonest, and have acted in bad faith and an underhanded way. How do you think I should proceed with communication about this issue so it doesn't become a forever project? Thank you.

Even though you're under no obligation to do so, you can send a letter stating that you will be moving out 3/31 and would like a walk through to confirm that the status of your apartment is such that you're entitled to a full refund of your deposit. That way you at least put them on notice that you understand your rights regarding your deposit.

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And this is the law re: return of deposits in CO: "Deadline for Returning Security Deposit: One Month, unless previously agreed to other deadline but never more than 60 days. (C.R.S. 38-12-103) If hazardous conditions force tenant to vacate, Landlord must return the deposit within 72 hours (excluding Saturday, Sunday, and Holidays) (C.R.S. 38-12-104)." https://www.landlordology.com/colorado-landlord-tenant-laws/

Please let me know if I've answered your question. If I have answered your question, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

Olivia Kent
Category: Real Estate Law
Satisfied Customers: 2,905
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified
Olivia Kent and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 month ago
Dear Ms. Kent: You did indeed answer my question and I appreciate it. I just submitted a 5 star review for you and will feel free to follow up if I have any further questions or issues.

Thank you so much for your rating! I’m here if you need anything :-)

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Category: Real Estate Law
Satisfied Customers: 2,905
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Experience: Executive Director at Neurogenx Nerve Center of Princeton

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