Opinions please

[JanND]

Originally Posted by AZ Manager

Wait its been two months? Nothing matters at that point then he owes you a full return of your deposit by now. Look up your state law it has a requirement for a landlord to return the deposit or an itemized list of deductions within so many days. If he doesn't you can sue for double or triple the deposit amount. He waited this long he screwed up royally.

Edit:

Colorado Legal Services - For low-income Coloradans seeking legal assistance and Colorado legal advocates

That states Colorado landlords have 30 days unless it states longer in your lease (max 60 days) to return the deposit or an itemized list of deductions. If you were to sue and win you could recover three times your deposit from him and in that link there is a link to a threatening letter demanding your full deposit return. Also to note if there was previous damage before you moved in it was likely older carpet so it is easily out of its life and cannot be charged to you and you could sue him for that if he did give you the itemized deductions within the 60 days, assuming your lease allowed 60 days otherwise it is 30. Check your lease and determine if he added in any extra time and read through that link it has a ton of useful information for you.

Colorado Revised Statutes §§ 38-12-103 is the one that pertains to what I'm talking about and you should google that and read it too, at least the first 3 parts.

EXACTLY! Take him to court.

[Corn-fused]

Originally Posted by JanND

Don't pay additional. So, in essence, he is keeping your $1000.00 security deposit for the carpet alone? (you mentioned earlier he stated 1700.00 replacement) He is ludicrous.

Send him a copy of the original walk through paperwork, highlight the carpet issues, worn, bad area etc.
How do you know other animals weren't on that already worn carpet?? Is he the original owner of the home, and did he have that carpet put in years ago himself?

I think you should do exactly what I suggested, Go to a carpet store, even a couple of them. Show/tell them the condition that the carpet was in when you first moved in...Have them give you estimated replacement cost, minus the accounting for the years of wear and tear....Then, I'll bet he owes you money lol....So, send him a letter reminding him that he had 30 days to refund your deposit, with explanation...And, as it is 2 mths later, he owes you the full refunded deposit. Keep originals, and make him copies....just in case he wants to pursue small claims....I honestly think he will shut up and just keep the deposit.
If he does pursue, you have your evidence, and do check to see if you'll get treble damages and court costs....I'm pretty sure you will. Good luck

In case you missed OP's recent post, they stated they have consulted with attorney friends and OP is suing in court if he does not comply via a demand letter and hopefully OP will be also be addressing the initial time frame that security deposit was returned as well, if applicable.

And regarding your suggestion in bold, I have never known anyone to have to go so far as going to get quotes on carpet, etc. That information would not be accurate, nor needed anyway. Courts will ask LL for proof of original install date of the carpet that was replaced and receipts of purchase for new carpet, if needed and will make their ruling/determination based on that. This is an issue that courts are all too familiar with in tenancy issues so the tenant does not have to do any of that type of extra legwork.