The discussion is on security deposit disputes in court when involving wear and tear. Sadly, it can really depend on who is overseeing the case in court. The way rules and/or laws are applied vary from judge to judge, and magistrate to magistrate.

For example, if there are children or pets in the home, how does one set a baseline for normal wear and tear done by a child or a pet? Not allowing children in a home is against the law. In court if children are living in the home extra damage is to be expected with some magistrates.

In one instance there was a large red stain from kool aid. This was disputed and decided in a courtroom. The magistrate said since there were children allowed in the home something like that should have been expected as normal wear and tear. If the property manager doesn’t allow children they are breaking the law. Since they followed the law there was greater room made for expected wear and tear.

The point in this is that court isn’t always a great option, and it might be better for everyone to settle matters before they go to court.

Posted by: Colorado Springs Group on February 1, 2017
Posted in: Uncategorized