Legal Question in Landlord & Tenant Law in Colorado

Re: Tenant Law

It is impossible to tell you how good your case is based on only these facts. Did you take pictures? Do you have witnesses to the extent of damages? Are those other witnesses going to the trial? How old was the carpet when you moved in? Did you take pictures then?

The $1350 was for what exactly? Was that the cost to replace the entire carpet only or carpet and other issues? Did they provide a statement of what was being kept within 60 days (or earlier in the lease)? Under Colorado law they do not need to provide you with the invoices and the like, they just need a statement.

The basic rule is that the landlord cannot bill you for normal wear and tear. So, as for this carpet, if it was let's say 6 years old when you moved in, you lived there for 2 years, it would be hard for them to justifiably claim that you should be liable for the entire cost of the carpet even you did so much damage to render it unusable because after your leaving it had, approximately, 2 years of useful life at most remaining (most carpets have between 5-15 year useful life). So the reasonable cost in that circumstance (assuming that it was so damaged) would be 20% of 1350 or $270. I would doubt that this carpet was so high end that it was 15 years, but who knows). If it was a brand new carpet, the damage would have had to be extensive.

You really need to review these issues because I don't think you have reviewed case law or understand the best way to proceed and without this information your case is considerably less forceful to the judge. You should have done this review weeks ago. Good luck in your case.