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Should Rental Manager be responsible for wrongful withholding of security deposit

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  • Should Rental Manager be responsible for wrongful withholding of security deposit

    I have a rental management company manage my house in Colorado. I live in CA. When my previous tenant moved out, the management reported to me that the tenant's dog chewed the blinds, and to replace it, will cost $300. The management used their security deposit to cover this damage, and send me $300.

    I put the house for sale right after the tenant moved out. During the price negotiation, I agreed to give the buyer $300 as blinds credit.

    Later on, the tenant claimed that the damaged blinds were actually their own blinds, they took down my original blinds and installed their own blinds, but they did not take the damaged blinds down when they left the house. The tenant asked me to return the $300.

    Management told me that Colorado law allows for treble damages (three times the amount) if there is a wrongful withholding of a security deposit.

    My question is if the management is responsible for providing wrong information. I only gave the buyer blinds credit based on the belief that the tenant's security deposit will be passed on to the buyer clean.

    If the tenant sues, should they sue the management company, not me ?

  • #2
    Re: Should Rental Manager be responsible for wrongful withholding of security deposit

    They should have no problem replacing their broken blinds with your unbroken ones. Therefore, they created the misunderstanding.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      Re: Should Rental Manager be responsible for wrongful withholding of security deposit

      Here is the property manager's reply:

      I do not know why the tenant changed the blinds but they did. They did not dispose of the blinds. They had intended to take down the wood blinds when leaving the property but she said they forgot.

      If we had known about them changing the blinds before you sold the house, yes you could have been paid to have them switched out and withheld it from the tenants deposit. Since you do not own the house any longer you cannot adjust to have work done that is not actually being done.

      Does the rental manager make sense?

      Comment


      • #4
        Re: Should Rental Manager be responsible for wrongful withholding of security deposit

        Once they vacate, a move out inspection is done and the keys given, they do not have the option to run back and make improvements. Tell them to enjoy their $300 blinds.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Should Rental Manager be responsible for wrongful withholding of security deposit

          Originally posted by YayaMama View Post
          I have a rental management company manage my house in Colorado. I live in CA. When my previous tenant moved out, the management reported to me that the tenant's dog chewed the blinds, and to replace it, will cost $300. The management used their security deposit to cover this damage, and send me $300.

          I put the house for sale right after the tenant moved out. During the price negotiation, I agreed to give the buyer $300 as blinds credit.

          Later on, the tenant claimed that the damaged blinds were actually their own blinds, they took down my original blinds and installed their own blinds, but they did not take the damaged blinds down when they left the house. The tenant asked me to return the $300.

          Management told me that Colorado law allows for treble damages (three times the amount) if there is a wrongful withholding of a security deposit.

          My question is if the management is responsible for providing wrong information. I only gave the buyer blinds credit based on the belief that the tenant's security deposit will be passed on to the buyer clean.

          If the tenant sues, should they sue the management company, not me ?
          If they sue, you are able to bring the management company in as third party defendant so that their wrongful withholding of security deposit is proved to the court and they end up paying the damages.

          As agent, you are responsible to the tenants for the acts of your servant (agent). But if you bring them in to any suit as third party defendant, any judgment will be rendered against them for their wrongdoing.

          Comment


          • #6
            Re: Should Rental Manager be responsible for wrongful withholding of security deposit

            Thanks for all your suggestions.

            Please explain how to bring management company in as 3rd party defendant? If the tenant file a law suit against me only?

            Comment


            • #7
              Re: Should Rental Manager be responsible for wrongful withholding of security deposit

              If the tenant sue me, do I have to fly back to CO to appear in court?

              Can anyone please explain how to bring the property manager as third party defendant?

              Comment

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