Can I fight a disagreement between a renter and rentee in small claims court?

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Can I fight a disagreement between a renter and rentee in small claims court?

I rented a room and bath in a 2 bed 2 bath home recentley for 6 months. I paid the security deposit of $300 to the other person living in the house who arranged for me to be added to the lease. It’s been a month and a half now since I moved out and I have contacted the renter whom I lived with. He claims he had to clean the back part of the faucet in the bathroom I used as well as the shower. He said none of the deposit to be returned. He stated that in the contract that I signed I had to leave the room and bath as it was when I started living there.

Asked on June 18, 2009 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I assume that both you and the other person signed the contract, which is a lease, correct?  Then the other person is acting as a landlord.  Yes, you can take him to small claims court for return of your security deposit.  You should bring with you your contract and any proof you may have regarding the issue of the bathroom (did you take pictures before you left, any witnesses, etc).  He will also have to bring proof as well.  I may turn out to be his word against yours.  Make sure that you read the lease thoroughly and understand what it says before you go to court.    


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