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likes2help · Aug 31, 2008, 01:42 AM

Okay so here is the question.. Can a land lord charge you for the cost of a full kitchen counter replacement for a hole about the size of a dime that occurred with in the first few months of you living there? Keeping in mind you have already had the washer explode, the garage break. So you were kind of fed up with having repair people at your house. It happen because something hot went on the counter it made a little puff on the counter top which after living there 5 years It popped and it was dry rotted underneath in the hole. The company who replace the counter top said the old counter was made in 1995 and it out of date. So my tenant charged me for the estimate for the repair which I was told goes toward the work that is done. I do not feel that I should have had to pay to replace the counter since it was the heat that did it. She could have at least offered that I pay 1/of it but not the whole thing. The previous tenants live there for 4 years.

Question Can they do this?
Were they supposed to contact me to let me know they were charging me?

Am I entitled to the interest if my deposit was held in an account that drew interest?

The Condo was in Colorado. Any help on this topic would be great!

Thanks in advance!

Fr_Chuck · Aug 31, 2008, 06:18 AM

If you have to replace the entire top because of your "hole" yes you have to pay for it. They can't replace just the one part. Other issues does not change the problem about you making the hole.

JudyKayTee · Aug 31, 2008, 07:15 AM

Originally Posted by likes2help

Okay so here is the question.. Can a land lord charge you for the cost of a full kitchen counter replacement for a hole about the size of a dime that occurred with in the first few months of you living there? Keeping in mind you have already had the washer explode, the garage break. so you were kind of fed up with having repair people at your house. It happen because something hot went on the counter it made a little puff on the counter top which after living there 5 years It popped and it was dry rotted underneath in the hole. The company who replace the counter top said the old counter was made in 1995 and it out of date. So my tenant charged me for the estimate for the repair which I was told goes toward the work that is done. I do not feel that I should have had to pay to replace the counter since it was the heat that did it. She could have at least offered that I pay 1/of it but not the whole thing. The previous tenants live there for 4 years.

Question Can they do this?
Were they supposed to contact me to let me know they were charging me?

Am I entitled to the interest if my deposit was held in an account that drew interest?

The Condo was in Colorado. Any help on this topic would be great!

Thanks in advance!

Yes, in NYS at least if the damage cannot be repaired the entire "unit" can be replaced and the tenant is responsible for the damage.

You could always go to Small Claims Court and argue that the landlord is being enriched in the process. Hard to say if you will win or lose because I don't know the legal climate in Colorado.

The other issues you raise do not legally affect this particular "issue." The length of time the previous tenant was there is immaterial unless she caused the damage which you have already said you caused.

And, yes, if the security was required to be held in an interest-bearing account you are due the interest earned on YOUR security deposit during the period you lived there.

excon · Aug 31, 2008, 08:21 AM

Originally Posted by likes2help

Were they supposed to contact me to let me know they were charging me?

Hello likes:

As you've been told, you're responsible for the entire amount, IF they followed your states landlord/tenant law AFTER you vacated. I didn't read it, but we have a copy of Colorado landlord/tenant law at the top of the real estate page on a "sticky note".

In it, you'll probably find that the landlord MUST return, WITHIN a certain amount of time, the unused portion of your deposit along with a detailed receipt for the moneys spent on repairs.

That time is most likely anywhere from 14 days up to 30 days. If they DIDN'T comply with the law, then you owe nothing. They MIGHT even be liable to pay YOU a penalty for not adhering to the law.

excon