Question
Maria has lived in her Denver, CO apartment for 6 years, renewing the lease on an annual basis. On March 17th she notified her landlord
Maria has lived in her Denver, CO apartment for 6 years, renewing the lease on an annual basis. On March 17th she notified her landlord that she accepted a new job in the State of Washington, and would be moving out at the end of April. Pursuant to the lease, the landlord was provided with a $900 security deposit to ensure that all terms of the lease were met and to cover any damages resulting from the Maria's occupancy. On April 29th, Maria vacated the premises, leaving the keys and her new address for the landlord in an envelope on the kitchen counter.
On June 1st and June 17th, Maria left voicemails for the landlord, inquiring as to when she could expect to receive the return of her security deposit and received no response. On July 1st, she was finally able to speak with the landlord directly and was informed that she would only be receiving a partial refund due to "the damage made to the apartment." When Maria asked about the damages, the landlord told her that there were "excessive holes in the walls" and that "the shower was all messed up." On August 7th, Maria received a check from the landlord in the amount of $250. Your attorney has asked you to research this matter.
- Please specify the jurisdiction from which this action commences. Where would Maria file suit?
- Please list 5 relevant terms based on the facts provided above. Cartwheel if necessary.
- Please rank the following sources of secondary authority in order, where 1 is the most beneficial resource and 5 is the least beneficial resource. State your reasoning for such ranking.
An American Law Reports annotation on the liability of a tenant for damage to leased property due to acts or neglect (Example: 10 A.L.R.2d 1012)
An analysis from Colorado Practice Series defining a Security Deposit (Example: 10 Colo. Prac., Creditors' Remedies - Debtors' Relief 8.30)
An article from Causes of Action regarding tenant's right to recovery of a security deposit (Example: 50 Causes of Action 2d 333)
An analysis from Washington Practice Series addressing rent and security deposits (Example: 17 Wash. Prac., Real Estate 6.53 2d)
A University of Colorado Law Review article addressing the Security Deposit Act (Example: 50 U. Colo. L. Rev. 29)
- would Maria be able to recover the balance of her deposit? Why or why not?
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