Landlord Question and Answer Forum

Landlord being sued in Colo.

I had a tenant on an unwritten month to month lease. She gave a verbal notice that she would be moving out mid-month, the following month. After giving her notice she paying all bills and rent, and told me to take it from her security deposit which was equal to 1 month's rent, I took this to mean that she would be forfeiting the deposit. She moved out 2 weeks into the month for which she did not pay rent and asked that I refund the remainder of her deposit. I spent money and time trying to re-rent the room, she made no effort to fill her space. She gave no written notice to terminate the lease and is 2 months behind on utility bills. The day after I told her I'd be withholding her deposit in full I was served with papers to appear in court as she is suing me for the remainder of the deposit. What my chances of winning the counterclaim I have filed for unpaid bills, advertising costs, and court fees?

I meant to say she STOPPED paying bills and rent.

Posted by Jesse D, CO on Sunday, February 28, 2010

Not being CA...my best guess.....Normally, if she paid rent every 2 weeks she would be required to give you a 2 wk written notice. If she paid rent every 30 days, a 30 day notice would be required. In either case, a written notice must be given to be valid. There's a possibility she could be liable for rent until Notice is served, but the Courts will probably accept her verbal if you agree that she gave you a verbal. Good luck. And NEVER rent without an Agreement or accept verbal terminations. Keep us posted.

Posted by Stan M, CA on Tuesday, March 02, 2010

I suggest you immediately contact Bradford Publishing at www.bradfordpublishing.com and purchase the Landlord and Tenant Guide to Colorado Leases and Evictions. This 4th edition has helped me in a step by step manner to eliminate a lot of the pit falls that landlords seem to experience. You will find the correct legal steps to follow if you are being sued (or need to sue). It is fairly easy to read and understand. What I really appreciate are the many samples and guidance on how to fill out the numerous legal forms correctly. Brandford Publishing is based in Denver. FYI, if you don't document in writing, the renter is usually given preference in court cases.

Posted by Christine M, CO on Friday, March 05, 2010

You accepted her verbal agreement. You also agreed to take her last 2 weeks rent and due utilities out of her deposit. You can't go after her for time and money spent trying to re-rent the apartment because YOU accepted her verbal agreement. What you can take out is the rent due (which you agreed to), and the past due utility bills. In addition any repairs you need to make BEYOND normal wear and tear. Make sure you send a written notice to her within 30 days about what you kept the deposit for, otherwise in Colorado you can be held liable for up to 3 times the deposit amount.

Posted by T K, CO on Wednesday, May 12, 2010