09-14-2009, 08:28 PM
28 posts, read
87,527 times
Reputation: 15
I am in need of some legal advice and possibly someone with some previous experiences with money hungry landlords.
I'm not entirely familiar with the tenant rights in the state of Colorado, so I apologize if this post seems a bit uneducated.
I moved into this old rustic cabin back in September of 2008. The cabin is in ok shape but all the finishes (carpet, linoleum flooring in the kitchen, wood floor in living room) were all pretty worn down when I moved in. The linoleum had cuts and burn marks in it. The landlord told me to not worry about it because he was planning on replacing it whenever I moved out anyways. The carpet was very worn down and the landlord even admitted that it was on its last leg.
When I moved in, I had just gotten a puppy from the local humane society. She ended up doing some damage to the carpet upstairs and she made a decent sized hole in the linoleum flooring a lot bigger. As for the damage to the carpet, she found the seem where two pieces met and she pulled it apart and chewed up the carpet pad directly underneath the seam. I take full responsibility for the damage she caused.
Saying all of that, I've lived here for a year and I'm going to be moving out in a week or two (once the sale on my first home closes). The landlord has not had good luck trying to rent out this place in the past month because it's old, nothing is new in here and it's definitely not worth what they are trying to charge for rent.
He is stating that it is my fault that he cannot rent the place because of the condition of the cabin. He is planning on charging me half the cost to replace the entire kitchen linoleum floor and also half of the cost to replace the carpet.
My security deposit was $900 and my landlord is stating that I will have to pay above and beyond that amount.
I recently read online that carpet has a life expectancy and that if it does have to be replaced due to my negligence, then I would have to pay a portion of the life expectancy left on the carpet. In this case, I'm fairly certain that the carpet is at least 7 years old and I doubt it was even meant to be used for that long.
As for the linoleum, I'm not entirely sure if it works the same way. Does it have a life expectancy? If it had cuts and burn marks in/on it when I moved in, do I still have to pay 50% to replace it?
Also, my landlord has repeatedly come into my apartment and shown it to prospective renters during the past month without giving me any notice at all. I'll get home from work and notice that doors and windows have been opened that I always leave closed.
To add to that, my landlord broke into my place to hide from the sheriffs in June, and basically had a 30 minute standoff until he finally came out and was arrested. I was at a softball game that evening and got home right as the sheriffs arrested him. To add to that, he had let both of my dogs out of their crates that they were in and when he finally came out of the cabin, the dogs got out and ran off. One went swimming in a dirty pond while the other was running around on the county road. This was the second time in that week that he had broken into my place and hid from the sheriffs. Then on the Friday of that week, he got out of jail and when I got home from work, he was sitting in a lawn chair in front of the cabin with my home phone in his hand. He had broken in AGAIN to use my phone because his cell phone was lost.
So yeah, I've been having some difficulties with my landlord
Should I look at hiring an attorney or at least seek legal advice from a landlord-tenant lawyer?
Should I have to pay 50% of the costs to replace the old carpet and the old and damaged linoleum flooring?
Any advice and/or tips are appreciated.
I am aware that I should at least pay for something as one of my dogs did do damage. I just don't think I should have to pay more than my deposit. Especially because the flooring in this place were old, worn down and damaged before I moved in.
09-15-2009, 08:14 AM
Location: Canon City, Colorado
1,331 posts, read
5,081,717 times
Reputation: 689
Holy crappola!!!!!!!!
I cannot believe you have lasted this long!!
I wouldn't give this "criminal landlord" a thing!!
I think you will have to get an attorney because, you obviously wont be getting anything back and he will continue to persue your pocketbook!
For gosh sakes....what a nightmare!!
09-15-2009, 08:24 AM
Location: Cambridge, Nebraska
137 posts, read
615,167 times
Reputation: 195
You will likely need a lawyer for this guy... he obviously knows a little about how the system works since he's been involved with it a few times it sounds like. Take pictures of areas both damaged and not. Try to get closeups of wear and tear areas not damaged by your pets. It's about your only defense against a he said / he said situation.
Good luck... I hope you don't really need it. Are you certain the guy really owns the property in the first place and isn't just "homesteading"?
09-15-2009, 08:44 AM
28 posts, read
87,527 times
Reputation: 15
Quote:
Originally Posted by
SheridanL
Holy crappola!!!!!!!!
I cannot believe you have lasted this long!!
I wouldn't give this "criminal landlord" a thing!!
I think you will have to get an attorney because, you obviously wont be getting anything back and he will continue to persue your pocketbook!
For gosh sakes....what a nightmare!!
Yeah I probably should've moved out of there a while ago. However, having two dogs, one being a pit bull mix, it's nearly impossible to find another place to rent.
Thank you for the advice, I think I will be contacting an attorney soon. My landlord needs to learn that he can't just do what he wants.
09-15-2009, 08:48 AM
Location: Just south of Denver since 1989
11,825 posts, read
34,423,134 times
Reputation: 8970
Look to see if you county has a landlord tenant complaint dept.
DO you have photos of the carpet/vinyl from when you moved in?
09-15-2009, 08:48 AM
28 posts, read
87,527 times
Reputation: 15
Quote:
Originally Posted by
Off Pavement
You will likely need a lawyer for this guy... he obviously knows a little about how the system works since he's been involved with it a few times it sounds like. Take pictures of areas both damaged and not. Try to get closeups of wear and tear areas not damaged by your pets. It's about your only defense against a he said / he said situation.
Good luck... I hope you don't really need it. Are you certain the guy really owns the property in the first place and isn't just "homesteading"?
Yeah I'll be taking pictures for sure. I have pictures of the place right when I moved in and you can clearly see how old it is. However, I didn't take pictures of some of the pre-existing damages, because I'm an idiot.
The funny thing is, I know of two other tenants that live in other apartments that my landlord owns and they are all having the same type of problems. One of them is already seeking legal action.
He does own the property, but he also doesn't work and his wife doesn't have a well paying job (just an assumption). So they are pretty desperate for whatever cash they can get.
Even the headaches that come with home ownership won't compare to this
09-15-2009, 08:50 AM
28 posts, read
87,527 times
Reputation: 15
Quote:
Originally Posted by
2bindenver
Look to see if you county has a landlord tenant complaint dept.
DO you have photos of the carpet/vinyl from when you moved in?
I do have pictures of the carpet and vinyl. Mainly as background though. So there are no direct shots of previous damage. I know, I'm an idiot. But looking at the pictures, you can tell the place is old and the floor and carpet are old.
09-15-2009, 08:56 AM
Location: Colorado
6,789 posts, read
9,337,164 times
Reputation: 8795
I know this doesn't help with the legal aspects of this, but carpet and vinyl aren't extremely expensive to begin with, so I really doubt that your half of the expenses would be above and beyond $900 unless the cabin is some sort of huge mansion. If you DO have to pay, be sure to ask for copies of the bills/receipts.
Good luck and let us know how this turns out!
09-15-2009, 09:02 AM
28 posts, read
87,527 times
Reputation: 15
Quote:
Originally Posted by
cowboyxjon
I know this doesn't help with the legal aspects of this, but carpet and vinyl aren't extremely expensive to begin with, so I really doubt that your half of the expenses would be above and beyond $900 unless the cabin is some sort of huge mansion. If you DO have to pay, be sure to ask for copies of the bills/receipts.
Good luck and let us know how this turns out!
I totally agree. Carpet and vinyl are on the cheaper side of floor finishes. I work in construction so I have an estimator at my disposal if I need to get a quote in order to refute my landlord's claim that the linoleum he was going to buy was $4 a square foot, when it really is only $1-$2 a square foot.
The cabin is maybe 1000 square feet and the carpet is only in the upstairs loft area. The vinyl flooring is in the kitchen only. So not a lot of area to be covered.
I guess my main question is: Does linoleum/vinyl flooring have a life expectancy like carpet does? Granted linoleum is supposed to be a very durable product, but if it hasn't been replaced in 10 years, I think that is a bit much.
09-15-2009, 09:09 AM
Location: Na'alehu Hawaii/Buena Vista Colorado
5,529 posts, read
12,662,406 times
Reputation: 6198
I wouldn't be spending too much time overthinking the life expentancy of certain flooring. The bottom line is, he may be able to get away with charging you to fix things that he claims you broke. You've already admitted that you didn't take pictures when you moved in (a valuable lesson learned for next time) so there's no proof of what was there before. And if he already has your deposit, he'll just keep it and you are going to have to fight to get it back.
Since you've talked with other tenants of his who are also having problems, I suggest that you consider going in together to hire an attorney. That way everyone saves money and you probably would have a better case than if it's just you trying to prove that it's his fault.
Colorado's tenant/landlord laws are very weak and definitely favor the landlord. You probably won't get any help from the county.
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People in Group quarters - Nursing homes (%)
People in Group quarters - Hospitals/wards, hospices, and schools for the handicapped (%)
People in Group quarters - Hospitals/wards and hospices for chronically ill (%)
People in Group quarters - Hospices or homes for chronically ill (%)
People in Group quarters - Military hospitals or wards for chronically ill (%)
People in Group quarters - Other hospitals or wards for chronically ill (%)
People in Group quarters - Hospitals or wards for drug/alcohol abuse (%)
People in Group quarters - Mental (Psychiatric) hospitals or wards (%)
People in Group quarters - Schools, hospitals, or wards for the mentally retarded (%)
People in Group quarters - Schools, hospitals, or wards for the physically handicapped (%)
People in Group quarters - Institutions for the deaf (%)
People in Group quarters - Institutions for the blind (%)
People in Group quarters - Orthopedic wards and institutions for the physically handicapped (%)
People in Group quarters - Wards in general hospitals for patients who have no usual home elsewhere (%)
People in Group quarters - Wards in military hospitals for patients who have no usual home elsewhere (%)
People in Group quarters - Juvenile institutions (%)
People in Group quarters - Long-term care (%)
People in Group quarters - Homes for abused, dependent, and neglected children (%)
People in Group quarters - Residential treatment centers for emotionally disturbed children (%)
People in Group quarters - Training schools for juvenile delinquents (%)
People in Group quarters - Short-term care, detention or diagnostic centers for delinquent children (%)
People in Group quarters - Type of juvenile institution unknown (%)
People in Group quarters - Noninstitutionalized population (%)
People in Group quarters - College dormitories (includes college quarters off campus) (%)
People in Group quarters - Military quarters (%)
People in Group quarters - On base (%)
People in Group quarters - Barracks, unaccompanied personnel housing (UPH), (Enlisted/Officer), ;and similar group living quarters for military personnel (%)
People in Group quarters - Transient quarters for temporary residents (%)
People in Group quarters - Military ships (%)
People in Group quarters - Group homes (%)
People in Group quarters - Homes or halfway houses for drug/alcohol abuse (%)
People in Group quarters - Homes for the mentally ill (%)
People in Group quarters - Homes for the mentally retarded (%)
People in Group quarters - Homes for the physically handicapped (%)
People in Group quarters - Other group homes (%)
People in Group quarters - Religious group quarters (%)
People in Group quarters - Dormitories (%)
People in Group quarters - Agriculture workers' dormitories on farms (%)
People in Group quarters - Job Corps and vocational training facilities (%)
People in Group quarters - Other workers' dormitories (%)
People in Group quarters - Crews of maritime vessels (%)
People in Group quarters - Other nonhousehold living situations (%)
People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)