landlord threats and deposit (Denver: for sale, rental, month-to-month)

[weeve1]

I had a lease that ended on Sept of 2016, no new lease signed but everything went on as normal.
Landlord put rental property up for sale, so i found another place to live. Gave notice on July 30 that i was moving out on August 15. Sent half of normal rent since i was only staying half the month.
Did walkthrough with landlords agent on August 16. House was in great shape according to the agent. He asked for 2 small items to be done which we taken care of that same day.
Finally received security deposit back on Sept 26. short the amount of half the rent he says i owed him for August.
When I Contacted him about it he says I was responsible for the entire month and he then accused me of stealing items that he had stored in an attic. And has threatened to prosecute me for the missing items.

First is he allowed to keep half a months rent and how can i be responsible for items i didn't know were in the attic.

Thanks

[sunsprit]

You don't get to pro-rate your last month rent in a month-to-month tenancy. You owe the full month rent. Some landlords might do so, but I'd expect that would be a "goodwill" move on their part that had been agreed upon prior to the final days of tenancy.

RE: "missing" items. It's the landlord's word vs. yours on this issue. If you claim no knowledge of the items then this can only be settled in a courtroom. The landlord can't "prosecute" you for their loss claim, but can sue you. If the value is below the small claim limit, then likely in small claims court. Pay attention to any service or notice you receive about this and be sure to show up in court to tell your side of the story. IMO, if the items were stored without your knowledge in an area of the house that you didn't use, the landlord is going to have a difficult time convincing a judge that you took the items absent any witness or proof that you've got the items.

[Dreaming of Hawaii]

You basically had a verbal agreement to rent the house on a monthly basis. Like you said "everything went on as normal".
At a minimum, you should have written a letter to the landlord clarifying your understanding of whether you had responsibility to pay for a full month rent. The way you did it, you just told him you were paying for 1/2 a month and didn't give him a chance to agree or disagree.

There are laws in Colorado governing both tenants and landlords, and you may want to do some research to find out what your rights and responsibilities are. It really doesn't matter what a bunch of anonymous posters on this forum think about your situation.

[SkyDog77]

Originally Posted by sunsprit

You don't get to pro-rate your last month rent in a month-to-month tenancy. You owe the full month rent. Some landlords might do so, but I'd expect that would be a "goodwill" move on their part that had been agreed upon prior to the final days of tenancy.

RE: "missing" items. It's the landlord's word vs. yours on this issue. If you claim no knowledge of the items then this can only be settled in a courtroom. The landlord can't "prosecute" you for their loss claim, but can sue you. If the value is below the small claim limit, then likely in small claims court. Pay attention to any service or notice you receive about this and be sure to show up in court to tell your side of the story. IMO, if the items were stored without your knowledge in an area of the house that you didn't use, the landlord is going to have a difficult time convincing a judge that you took the items absent any witness or proof that you've got the items.

Was going to write almost exactly the same thing. Sunsprit was far more eloquent though.

[headingtoDenver]

When did the house sell? If it sold say on the 16th, he would owe you from the 16th til the end of the month. He cannot collect rent on a house he no longer owns.

Now, if it sold a month later, then he is in the right because you had a month to month lease.

[daprara]

sounds like there is a disconnect between the land lord and his property manager. Which one cut the security deposit check. You should contact them, use email since there is a record of the conversation. Look on line the date of sale of the property from the County

unless the items in the attic are outlined in your lease you can not be held responsible.

[sunsprit]

Originally Posted by headingtoDenver

When did the house sell? If it sold say on the 16th, he would owe you from the 16th til the end of the month. He cannot collect rent on a house he no longer owns.

Now, if it sold a month later, then he is in the right because you had a month to month lease.

Not quite right on Colorado tenant law ... a Colorade residential m-t-m lease is blocked out as a once-a-month payment for each full calendar month. Even if the house closes in the middle of the month, the m-t-m tenancy is protected by Colorado law and the tenant must be given the required notice and time to vacate if the buyer wants the existing lease holder out of the residence.

I'm a Colorado Landlord and have been in this situation a number of times with a house for sale and the tenants advised that the house is for sale. It is customary to protect the rights of all parties, the Sale contract is always made subject to the existing month-to-month leases; ie, the buyer does not get full possession of the property on the day of closing.

It would be quite an omission on the part of a Colorado licensed RE agency to not notify a buyer in the sale contract that the property sale is subject to the existing lease tenancy, to the point of attaching a current lease copy to the sales contract so the buyer knows the current lease terms.

BTDT: on all 3 sides of these situations: as a Colorado tenant with a m-t-m lease knowing that I could get a timely notice to vacate or write a new lease with a new owner, as a Colorado seller keeping the cash flow going in my rental until the property sold (which was a benefit to the buyer who already had a tenant in the rental property), and as a Colorado buyer with the respective options on the Colorado property.

Of course, a seller and tenant may agree to a partial month tenancy and pro-rate of a final month occupancy. Such an agreement would typically be made in advance by the parties to the Lease ... that's both LL and tenant with a "meeting of the minds". Absent such an agreement, the tenant doesn't get to unilaterally change the terms of a m-t-m lease just because it suits their purposes to do so.

A Colorado m-t-m leaseholder is protected under Colorado law to receive normal notification and a timely notice to vacate; IOW, if a sale closes in the middle of a month, the Colorado tenant is not "out on the street" just because the ownership of the property changed hands.

[SkyDog77]

Originally Posted by daprara

sounds like there is a disconnect between the land lord and his property manager. Which one cut the security deposit check. You should contact them, use email since there is a record of the conversation. Look on line the date of sale of the property from the County

unless the items in the attic are outlined in your lease you can not be held responsible.

I didn’t see any mention of a property manager.