Can a landlord deduct fees from a security deposit after 60 days if the fees are listed in the lease?

I contacted the Property Management company after my security deposit was not returned within 60 days. They sent the deposit immediately after I cited my state’s Security Deposits Act. A carpet cleaning fee and re-keying fee were deducted from the deposit. I’m not sure if these fees were listed in the lease. Since my deposit was not returned within 60 days and I did not receive the deposit or a written statement listing the exact reasons for the retention of any portion of the security deposit, can they still deduct these fees if they were listed in the lease?

Asked on July 27, 2012 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written the late deduction and return of your security deposit most likely is improper under the laws of your state as to its Security Deposits Act.

I would write the property management company a letter seeking the return of the unpaid security deposit within a set time period and if not paid, your option is to bring a small claims court action against the property management company and the landlord for the short fall you did not receive.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.