My question involves landlord-tenant law in the State of: Colorado
I just adopted a dog and my landlord is now requesting an additional pet deposit to add to the security deposit I already paid. The two tenants below me in our tri-level also have a dog each and we all share a backyard (they were already living at the house with their dogs before the current owners bought it, so their pet deposit situation is unclear). I am not necessarily against paying this deposit, as it is the norm, I just want to make sure it is warranted in this specific situation. I have already been living in my unit for 1 year and signed for another year about 1 week before adopting the dog. My new lease says the following about owning pets and the terms of the security deposit; thanks in advance for any help:
15. PETS: Pets are permitted on the Premises.
They are limited to the following: 1 dog.
Tenant shall observe all rules and regulations of Landlord
concerning pets, including cleaning up and removal of any pet
excrement. Tenant further agrees to control their pets in a
manner so as not to disturb or disrupt any other tenant’s quiet
enjoyment of their own premises. Tenant must receive
written permission from the Landlord for any additional pets
desired on premises.
4. SECURITY DEPOSIT: : Upon execution of the
lease dated August 30, 2015 Tenants deposited the sum of
$1,350.00 held by Landlord, Property Manager as a
security deposit for reasonable cleaning of, and repair of
damages to, the premises upon the expiration or termination
of this Lease, or other reasonable damages resulting from a
default by Tenant. Tenant shall be liable to Landlord for all
damages to the leased premises upon the termination of this
Lease, ordinary wear and tear excepted. Tenant is is
not entitled to interest on the security deposit [if tenant is
entitled to interest, the rate shall be: n/a . Tenant may not
apply the security deposit to any rent due under this Lease.
If Landlord sells or assigns the leased premises, Landlord
shall have the right to transfer Tenant’s security deposit to
the new owner or assignee to hold under this Lease, and
upon so doing Landlord shall be released from all liability to
Tenant for return of said security deposit. This Lease is not
considered to be fully executed until the security deposit
has been paid. The lease may be canceled by either party
until the security deposit has been paid.
In compliance with Colorado Code § 38-12-103:
A landlord shall, within sixty (60) days after the termination
of the lease or surrender and acceptance of the premises,
whichever occurs last, return to the tenant the full security
deposit deposited with the landlord by the tenant. In the event
that actual cause exists for retaining any portion of the
security deposit, the landlord shall provide the tenant with a
written statement listing the exact reasons for the retention
of any portion of the security deposit. When the statement is
delivered, it shall be accompanied by payment of the
difference between any sum deposited and the amount
retained. The landlord is deemed to have complied by mailing
said statement and any payment required to the last known
address of the tenant. Nothing shall preclude the landlord
from retaining the security deposit for nonpayment of rent,
abandonment of the premises, or nonpayment of utility
charges, repair work, or cleaning contracted for by the tenant.