Hey guys!
I could really use some help on this one, if that's okay. I can't find any information anywhere on this subject! Hopefully the answer is a black and white one..
As you can imagine I am being sued in small claims court. The summons with a scheduled trial date was given to me four days after I moved out. The landlord has kept my security deposit and is suing me for carpet damage.
As per Colorado law a landlord is required to, within thirty days, provide a written statement listing the exact reasons for the retention of all or any portion of a tenant's security deposit. If damages are one of the reasons for retention, an itemized list needs to be provided of what those actual damages are, along with the cost of repair.
Well it's been over a month and I never received a written statement, let alone an itemized list.
My question is, even though I have a rough idea of why my deposit is being withheld, can the small claims court summons I received be considered the "statutorily mandated" written statement? The summons I received is very vague, and is of course, pending. Neither side has gone to trial or won yet, and to my understanding people can sue other people over pretty much anything these days, right? Is a court summons just a court summons.. or can it be considered more?
Also, now that I think about it, wouldn't the separate written statement need to be provided by the landlord during trial -- to prove his abidance of the law / rightful ownership of the deposit?
I would love to know if only one document is required to be provided for retention of a security deposit, or if it's an order-of-operations thing.
Thank you so much for reading this whoever you are, and I hope you can help me! Hopefully it's an easier question to answer than it was to ask.
Sincerely,
William
I could really use some help on this one, if that's okay. I can't find any information anywhere on this subject! Hopefully the answer is a black and white one..
As you can imagine I am being sued in small claims court. The summons with a scheduled trial date was given to me four days after I moved out. The landlord has kept my security deposit and is suing me for carpet damage.
As per Colorado law a landlord is required to, within thirty days, provide a written statement listing the exact reasons for the retention of all or any portion of a tenant's security deposit. If damages are one of the reasons for retention, an itemized list needs to be provided of what those actual damages are, along with the cost of repair.
Well it's been over a month and I never received a written statement, let alone an itemized list.
My question is, even though I have a rough idea of why my deposit is being withheld, can the small claims court summons I received be considered the "statutorily mandated" written statement? The summons I received is very vague, and is of course, pending. Neither side has gone to trial or won yet, and to my understanding people can sue other people over pretty much anything these days, right? Is a court summons just a court summons.. or can it be considered more?
Also, now that I think about it, wouldn't the separate written statement need to be provided by the landlord during trial -- to prove his abidance of the law / rightful ownership of the deposit?
I would love to know if only one document is required to be provided for retention of a security deposit, or if it's an order-of-operations thing.
Thank you so much for reading this whoever you are, and I hope you can help me! Hopefully it's an easier question to answer than it was to ask.
Sincerely,
William
