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

UPDATED: May 28, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.


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 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.

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