Can your landlordstill charge for itemsif they have already returned your security deposit?

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Can your landlordstill charge for itemsif they have already returned your security deposit?

My landlord refunded my deposit balance with an itemized list of deductions. Now, she says I have to send back money for a charge they forgot to list.

Asked on May 28, 2011 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no simple answer. The factors to be weighed are:

1) Exactly what did the document(s) received back the landlord say? If they were simply a list of the deductions taken, that is less in your favor than if there was language to the effect that the charges reflected on the list represent "settlement in full" (or anything to that effect) of any claims the landlord may have against you--the latter is much stronger in terms of preventing later-added charges.

2) What this new charge is. If it appears reasonable that it was just an oversight and should have been charged earlier--e.g. they listed the price of fixing 3 or 4 holes you had left in walls, but forgot to list hole # 4--that would argue in favor it being reasonable. On the other hand, if it's more like they decided on their own to do additional work and are trying to get  you to pay for it, that's less reasonbable to try to charge you, and less supportable.

 


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