damages (by tom [CO]) Sep 14, 2012 12:24 PM|
damages (by S i d [MO]) Sep 14, 2012 1:25 PM
damages (by Tom [CO]) Sep 14, 2012 2:52 PM
damages (by WMH [NC]) Sep 14, 2012 3:10 PM
damages (by BillS [CO]) Sep 14, 2012 3:48 PM
damages (by Mike45 [NV]) Sep 14, 2012 4:37 PM
damages (by Tom [CO]) Sep 14, 2012 6:52 PM
damages (by Tom [CO]) Sep 14, 2012 7:04 PM
damages (by BillS [CO]) Sep 17, 2012 12:19 PM
damages (by tom [CO]) Posted on: Sep 14, 2012 12:24 PM
State Specific Question About: COLORADO (CO)
I have a trial to Court for damages, in Arapahoe County, got a list for Plaintiff's request for damages, I was wondering if this are considered as damages: Water bill in tenants's name deliquent for $700.00, (in City of Aurora if tenant fails to pay, they put a lien in the rental property) fee for cleanning house & carpet, no return of keys & garages openers, need to replace some blinds and have to fill and patch holes in the walls. Also I have a bad check for last month of rent Nov/2012 for $1020.00. I just want to know what is considered a legal damage, when I show to the court date, & I have to exchange this exhibits with the defendant prior the court date. Thanks in advance for your help, Tom --71.212.xxx.xx
damages (by S i d [MO]) Posted on: Sep 14, 2012 1:25 PM
If it's "Broken" it's a damage. If it just wore out from normal usage, it's not.
Holes is walls - broken, charge.
10 year old carpet that has flatted out and shows traffic patterns - normal wear, no charge.
Bills unpaid are not damages, but if your lease is worded correctly you should be able to with hold from the security deposit for "any funds due related to tenant's residence period that are not paid."
A bad check should be turned over to the local Sheriff and/or the County prosecuting attorney's Bad Check dept. If it's over $500, I believe that's a felony. --108.250.xxx.xxx
damages (by Tom [CO]) Posted on: Sep 14, 2012 2:52 PM
Then to my understanding just the cost to fill, patch & paint the holes in the walls and the replace of broken blinds (were new when they moved in)need to be claimed as damages at my court date; and the water bill, fee for cleanning house & carpet (also new) charge for not returning key & garages openers (all stated in lease) are just coming off from the security deposit. --71.212.xxx.xx
damages (by WMH [NC]) Posted on: Sep 14, 2012 3:10 PM
The cost to fill patch and paint can be claimed, but not if YOU do the work. Pay your wife or son...get a receipt.
Receipt for cleaning: ditto.
Replace the blinds - you will have a receipt.
Don't try to claim anything that YOU did... that's generally considered part of the job (well you can claim materials but not labor.) --173.22.xx.xxx
damages (by BillS [CO]) Posted on: Sep 14, 2012 3:48 PM
Tom, I'm a bit confused. The normal process is that you keep the security deposit and send the former tenant an accounting of items and at the bottom show the NET amount owed. That is your "bill" for money owed. If they refuse to pay you take them to court. The figures you indicated would place it in small claims court. So when you show up for court you would need to justify every line item on the "bill" you sent. It seems like you went to court but not sure where you are in the process or even what court in Arapahoe County you are in.
The plantiff's list for damages might be an enumeration of the security deposit return/"bill" for money owed. There is no special court related to landlords and tenants so damages would be more of a generic term. I think the "damages" are the money owed so you would provide them an itemized list.
While it may not be best practice to do labor yourself what is done is done. Charge them an hourly rate of $25-35 for the work you did. Be fair and reasonable and document everything you can. Again all of this should have been on the security deposit accounting you sent them within 30 days of the end of the tenancy (If your lease allows it can be extended to 60 days.) Be sure to credit them with the security deposit you kept. --75.160.xxx.xxx
damages (by Mike45 [NV]) Posted on: Sep 14, 2012 4:37 PM
Plaintiff claims as damages the following items:
1. Delinquent water bill in tenant's name (lien against Plaintiff's real property) $700
2. Cleaning to restore property to move-in condition $_____
3. Replacement garage door openers (Defendant failed to return) $____
[Forget about the keys. It is your responsibility to rekey after each tenant, so tenant's failure to return the keys costs you nothing.)
4. Replacement of damaged blinds, $____
5. Bad check $1,020
6. Bounced check fees $____ [what your bank charged you.]
Total damages: $_________
damages (by Tom [CO]) Posted on: Sep 14, 2012 6:52 PM
Bills, CO well it might sound confusing, because first a filed for an eviction for failing to pay rent, rest of the sec dep, pet deposit, & much more, Since I did personal service on the defendant they told me I will get a judgement, went to court, then it was a stipulation signed for letting the tenant to stay until september 24, same day of court a trial court was scheduled on Oct 2 for damages, Court Clerk gave a list for Plaintiff's request of damages and also for defendant's that need to be return at trial date, and also need to exchange exhibits between parties, I neven been through this before, I'm confused about what really mean by damages, because to me just the water bill, meaning lien against my real property is a monetary damage and bigger than $600.00 deposit that I have. --71.212.xxx.xx
damages (by Tom [CO]) Posted on: Sep 14, 2012 7:04 PM
Sorry Bill, Co, My case in being held at the court in Littleton Colorado, for the Arapahoe County, (where rental property is located) because my complaint-money owed was less the 7500.00, that why I filed at this court. This is an eviction process in order to get my property back and also monetary Judgement, I Don't why a trial to court for damages, and I wondered if this same date I will get my Judgmenet since a personal service was done on the defedant, and to get my property back summons was posted and mailed as requested by this court. --71.212.xxx.xx
damages (by BillS [CO]) Posted on: Sep 17, 2012 12:19 PM
Tom, not sure if you are still following this. I was out of pocket over the weekend. I am not a pro in this so I maybe wrong but this is my understanding based on my learning of CO landlord/tenant law. The first court trial is for possession but you mentioned monetary Judgement as well as personal service. That part I am not familiar with.
What I understand to happen is you go to court for possession. They grant you possession and then if needed the sheriff supervises the physical eviction. You must then return to court for monetary damages (that is money owed). You can not possibly assess that figure until you have physical possession of the unit and know the expenses you incure to evict, repair, and rerent. Once you have those figures you return to court to get your money back.
Call the court and ask questions or better yet find out their hours and go down mid morning and chat with the staff. They will explain it all. Be sure to say you are not asking for legal advise but that you want to understand the process. You can ask them what they "normally" see happen as well. Ask them what makes things turn out bad for the LL. In short ask lots of open ended questions if you can. They are usually helpful.
Might have been a good idea to hire an attorney speciallizing in representing landlords. If the tenant is collectable you can include attorney's fees in the damages and it doesn't cost you in the long run. --75.160.xxx.xxx