sublet tenant notice to leave 8 days before end of the month...

[instal]

I kept my sublet tenants deposit because he failed to give me proper notice he was leaving the unit...now he wants to take me to small claims court.

Background:
I am renting a 2br/2bath from someone, and I found a roommate for the other room. Originally he signed a deposit paper stating he gave me $600 for the room, I dont believe he has this paper anymore, and I did not make a copy of it. Regardless, we had a verbal month to month rental agreement. He occupied the unit for 13 months until sept 1st. On aug 24th, he came to me and stated he was moving out on sept 1st, 7 days of notice. On top of that, he still owes 3 months utilities. From what I can find on the internet, in Colorado, in a verbal month to month rental agreement, the tenant must give the landlord 10 days notice before the end of the month...am I right or wrong? Do I have a leg to stand on if he takes me to court? thanks in advance.

 

[instal]

sorry if this is rambling but some follow up:
if he does decide to take me to court, doesnt he have to wait at least 30 days from the date he moved out. Legally, i am allowed 30 days to return his deposit, right? He never gave me a phone number to reach him or an address or a forwarding address (we have Po Boxes here). The only way I know how to get ahold of this person is to email him. Is there a difference between a written notice to vacate the unit and a verbal notice? He took the time to write up a lease exit the day he left, but he never gave me a written notice of intent to leave...

 

[Gail_in_Georgia]

You are correct in regards to both the time frame required to give notice that one is terminating a month to month lease in Colorado and the fact that this must be in writing, not verbal.

http://www.tenant.net/Other_Areas/Colorado/ltguide/term.html

As to the security deposit....you are also correct that you have 30 days after the termination of the lease or his move out to either refund his security deposit or provide documentation as to why did not receive this.

It is his obligation to inform you of his new address. Since he did not do this, send this documentation to his last known address (i.e., your rental unit) with your return address on the envelope. When it is returned to you keep it unopened as documentation that you attempted to provide this information to him.

Keep in mind that failure to send either the security deposit or information regarding the status of this within a states required time period often negates the landlords ability to keep any of the security deposit and in many states allows the former tenant to sue for several times this amount.

Gail

 

[instal]

thank you gail, that was very helpful. this webpage is a great source of information.

So just one more question I guess...Do I have the right to keep his deposit because of his failure to notify me within the correct amount of time? Or do I still need to refund the deposit minus the itemized receipt that he owes me?

Also, I have made an itemized receipt of the utility bills/internet that he did not pay. I have also included a $75 bill for cleaning all his remaining stuff out, and I have pictures of everything...The question is where we live, we do not have USPS mail delivery to the home, we have a post office where we receive our mail. So do I still try to mail it to the condo address with my PO address as a return address?

 

[Gail_in_Georgia]

Because your tenant did not give you proper notice, you may use the security deposit for owed rent (for the month of August), owed utility bills and the cleaning bill. If there is anything left of the deposit after all those deductions, this is what you would refund to him.

Because the only address you have on your former tenant is the rental unit address, you mail the documentation/any remaining money from the security deposit to the condo address with your PO address as the return address. If he filled out a change of address form, the information should be forwarded to him; if not, it should be returned back to you.

Gail

 

[instal]

he did pay me all of august rent, he was paid through the end of the month...he did not owe me any rent. so does this mean i need to return his deposit even though he only gave me a week notice to leave?

 

[Gail_in_Georgia]

No; he owes rent for 30 days from the time he gave you WRITTEN notice that he was terminating his lease with you.

Gail