Security Deposit Delay in key return, deposit, and vandalism

[chefebe]

The lease for our Colorado townhome tenants ended June 30, 2011. The tenants did not return the keys or garage opener to us until Sept 6th. The reason for the first month's delay was the fault of both sides. Our property managers were unavailable the first weekend they moved out. After that the power was turned off and another week went by. Then the tenant had seizures and was unavailable. During August the property managers tried repeatedly to get with the tenant to get the keys. Finally after I threatened legal action they returned the keys in early Sept.

During the time they had the keys we assumed they were in possession of the property. We did not go into the home to clean or put it up for rent again. Also during that time some vandals broke in (so the tenant claims) and broke a window and did misc damage to the stair carpet.

Questions:
- The tenant says their deposit is late (contract says 60days after end). But we didn't get "possession" until Sept. Are we OK to delay deposit 60 days after getting the keys?
- Is the vandalism my responsibility or the tenants?
- Can we charge rent or any compensation for the months they kept the keys (or at least Aug)?

The tenants are angry because we are replacing the carpets on the main floor and will not get their $800 deposit, so they said they may take legal action. I'm not interested in getting every penny I can, just doing what is legal and fair. The carpet and vandalism alone cost me ~$1400 more than their deposit.

Bob

 

[army judge]

If they sue you, you could lose.

Why?

They have the statutes on their side.

The law is very clear as to when deposits must be returned and what deductions you can take.


I think you're reaching too far.

I suggest you negotiate and reach a compromise.




Even if you had the keys, can you prove you could have rented the property?


How?

It won't be easy.

But, you should have just changed the locks and/or the keys.

You could have taken the costs of that out of their deposit.

This is a case you don't want to pursue in court.

Settle it, just settle it.

Offer them $500 as an offer in compromise.

If you do, get them to sign off on it, and you do likewise.

You don't want to waste a day in court, trust me.

If you go to court over being late in returning a deposit, you could lose more than the deposit.

If I were in your position, I'd have given them the lousy $800 just to rid myself of any future problems.

 

[sunnymoon]

In my experience, the "end " usually means that when the tenants move out. Check the contract again!
By the way, as I know that landlords usually have extra keys for rooms. Don't you have them?