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What constitutes notification to renters, re apartment security deposit, in Denver?
Thank you for your patience in reading all of this long question!
We have a deaf son who's trying to make it in the world on his own. He works for very low wages that often don't pay his monthly expenses. Now he is having an issue with his apartment complex, and we're trying to help him because of his communication problems.
He moved from one apartment into a less expensive one in the same complex (this was 5 months ago). The management sent him a notice saying he owes them $1100 (!) for cleaning and repairs in the first apartment. It has now gone to collections.
We know that tenant notification is required by law within 30 days of vacating, but he says he was never notified.
Management says the notification letter is in his file, returned unopened by the post office. So they knew that he never got it. Since he still lives in the same complex, they could have easily hand-delivered it to him. But they never did.
Has the landlord met their legal obligation to notify the tenant of sacrifice of his cleaning deposit, and other charges for cleaning & repairs? Either way, does he have any legal recourse to stop collection?
We considered offering to pay half of the charges in compromise, but they say that because it's gone to collections they can't pull it back.
If you have any advice, and/or can tell us about a very inexpensive way for him to get legal help in Denver (he makes just a little too much to qualify for legal aid), we'd greatly appreciate it.
4 Answers
- lightupthesky25Lv 51 decade agoFavorite Answer
As long as that letter is postmarked within 30 days of his vacating the first apartment, it's considered an attempt to notify him. He (or you, or someone else responsible for him) should have contacted the office when he didn't receive it in the allotted time frame.
You may want to consult with a real estate attorney to see if they should have attempted to hand-deliver it to him. I really don't think it will help though; most people move away from a complex and therefore have to receive their notices in the mail so there's no reason for staff to hand-deliver.
Since the account has gone to collections, negotiating with the complex won't do you any good. You'll need to negotiate with the collections agency. I would ask the complex to give you a copy of the letter, which should also have copies of any receipts/detailed charges substantiating the amount of the bill. This way if any of the charges are ridiculous you have some room to negotiate. You should also let the agency know about the situation with receiving the letter.
- acermillLv 71 decade ago
The complex is correct. They have fulfilled the requirement of notification, since they sent the letter and it was returned to them. That it remains unopened is their needed criterion that it was sent. You can attempt to negotiate the charges downward. They CAN pull back the collections request, but it appears that they do not want to do so.
I am guessing that your son did not properly notify the postal service of his address change. Had he done so, the letter would have been forwarded to his new address. Understand, as well, that it is not the responsibility of the complex to forward that letter. If this is a larger complex, it is entirely possible that those responsible for damage collection were not aware that he had remained in the complex.
- LandlordLv 71 decade ago
I am not sure what CO laws are, but in CA we are required to mail it. It has to be postmarked.
All that aside, he does need to pay for his damages. The complex should not have to eat half of it.
The only way to stop collections is to pay your debts. You could sue, but you would lose, it would be a waste of time and a poor example to set for him. Teach him to be a man and take care of his responsibilities, being deaf is no excuse for taking advantage of others.
- ?Lv 45 years ago
be sure you get a receipt from her asserting that the money would be lower back to you once you progression OUT! If the subsequent roommate have been to reason any harm that adjust into not your fault, you would be thoroughly screwed in case you probably did not get your deposit lower back upon transferring out of the unit. That being pronounced, your "receipt" is in actuality valueless to you whilst it is composed of getting the $500 lower back in the journey that your roommate does not prefer to furnish it lower back to you. i could, for this reason, supply her your very final lease examine on the 1st day of the final month you would be residing there, MINUS the $500 for the protection deposit. This insures that she would be in a position to not have the means to withhold the $500 from you once you progression out, on the grounds which you have, in result, already taken it from her. If she complains, you may in simple terms say "you owe me this money besides, and it somewhat is mindless for me to furnish it to you and then in simple terms could desire to ask for a examine lower back." If she tries to sue you, you have the reciept exhibiting that she owed you the $500 besides, and he or she does not have a leg to stand on. sturdy good fortune!