Security Deposit Return Information
We designed this page to be a helpful resource regarding the process of security deposit refunds for anyone disputing charges that were withheld from your refund.
Our goal is to help you better understand why certain charges may have been withheld from your security deposit as it relates to your lease agreement, as well as provide relevant information and answers to frequently asked questions about the security deposit reconciliation process.
How We Review Your Concerns
After you submit the form outlining the charges you’re disputing, we will review your concerns in detail. In some cases, we may need to reach out to a vendor who completed the work to collect more information.
Most of the time, we can review the charges and work that was completed without the need to contact vendors by reviewing the invoices, pictures, & your check-in sheet (if provided).
Electronic Access to Invoices & Reconciliation Documents
Copies of the invoices from your security deposit reconciliation will be emailed to all residents.
A copy of your lease agreement is available in your RentCafe Portal.
What does my security deposit provide & how can it be used by the landlord?
The security deposit, also called the damage deposit, is a tenant’s advance payment of money to the landlord to secure against future lease violations by the tenant, including nonpayment of rent and property damage beyond ordinary wear and tear (CRS §§38- 12-101 thru 104).
Source: City of Boulder Community Mediation Service. (2019, January 1). The Landlord-Tenant Handbook. Bouldercolorado.Gov. https://bouldercolorado.gov/family-services/landlord-tenant-handbook
What is the timeline for returning security deposits?
Colorado law requires that the landlord return the security deposit or send a written itemized statement of the deductions and the balance of the deposit. This time period may be extended up to 60 days if written in the lease (CRS §38-12-103(1)).
Source: City of Boulder Community Mediation Service. (2019, January 1). The Landlord-Tenant Handbook. Bouldercolorado.Gov. https://bouldercolorado.gov/family-services/landlord-tenant-handbook
What is normal wear & tear?
Normal wear and tear means that deterioration which occurs, based upon the use for which the rental unit is intended without negligence, carelessness, accident or abuse of the premises or equipment or chattels [items of personal property] by the tenant or members of his household, or their invitees or tenant or members of his household, or their invitees or guests (CRS §38-12-102 (1)). An example of normal wear and tear includes worn tracking in the carpet. Normal wear and tear does not include stains on the carpet, nail holes in the walls, etc.
Source: City of Boulder Community Mediation Service. (2019, January 1). The Landlord-Tenant Handbook. Bouldercolorado.Gov. https://bouldercolorado.gov/family-services/landlord-tenant-handbook
Reasons to Withhold Security Deposit Funds
– Damages beyond normal wear and tear
– Unpaid utility bills
– Past due rent
– Cleaning not done that the tenant agreed to in the lease
– Cleaning necessary to return the property to the condition it was in when the tenant moved in
– Any other breach of the lease causing financial damage to the landlord
Source: City of Boulder Community Mediation Service. (2019, January 1). The Landlord-Tenant Handbook. Bouldercolorado.Gov. https://bouldercolorado.gov/family-services/landlord-tenant-handbook
Negotiation Of Charges Being Disputed
If a tenant believes that the landlord has withheld for damages for which the tenant was not responsible or that the damages that were deducted should be considered ordinary wear and tear, the tenant may first consider resolving the dispute through negotiation. Providing the landlord with documentation, such as photographs and repair estimates, will help substantiate the tenant’s position. If self-negotiation does not resolve the dispute, tenants and landlords may find that having the conversation in a mediation setting where they may clearly hear each other’s perspective and share documentation to be more productive.
Source: City of Boulder Community Mediation Service. (2019, January 1). The Landlord-Tenant Handbook. Bouldercolorado.Gov. https://bouldercolorado.gov/family-services/landlord-tenant-handbook
Four Star Lease References
Below you will find the most common Four Star lease provisions relating to charges that may have been withheld from your security deposit.
Utilities & Services
Resident shall pay Four Star Realty & Property Management, Inc. (Agent) for the following utilities or services, plus a monthly administrative fee of (insert fee) for the service of paying and administrating utility invoices. Payments will be made in equal installments, which will be in addition to the rent, and which are based on the average utilities/services for the property in the previous year, plus any new increases. Upon termination of the lease term, Agent will reconcile the total amount that the Resident has paid versus the total utilities and services billed during the term of this lease. A written copy of this reconciliation will be available to Resident upon request. Resident agrees to pay any shortfall, which will be considered additional rent and may be collected immediately by the Agent; or at Agent’s option, such charges may be withheld from Resident’s security deposit. If the actual Utility & Services costs are significantly in excess of the monthly billing to the Resident, Agent may increase the monthly billing amount, during the term of the lease with written notice to Resident. Agent does not guarantee that the Utilities & Services costs will match the estimated costs that are billed to the Resident. The monthly Grounds Fee charge, if indicated below, will not be reconciled at the end of the lease term. The amount collected as Grounds Fee will be considered payment in full for the services associated with the Grounds Fee. See Section 19 of the lease for more information regarding the grounds fee. All terms stated in this section shall be deemed additional rent and shall be due and payable with Monthly Rent.
Cleaning
Upon Resident’s move out, Agent shall contract for deep cleaning at the Resident’s expense if deemed necessary by Agent. Resident agrees to pay any cleaning costs, which will be deducted from Resident’s Security Deposit. If Resident cleans on their own, Resident shall: 1) provide Agent with advance notice, in writing, that Resident will contract for professional cleaning services and 2) provide Agent with a receipt of completed professional cleaning.
Touch up Painting
Upon Resident’s move out, Agent shall contract for touch up painting at the Owners’ expense up to $75.00. Resident agrees to pay any additional touch up painting costs. Cost of touch up painting will be deducted from Resident’s Security Deposit. If Resident performs touch up paint on their own, Agent reserves the right to, at Resident’s expense, re-paint, if necessary, using a contractor of Agent’s choice. Touch up painting shall include, but is not limited to, painting entire walls, rooms, or the entire Unit if necessary.
Carpet Cleaning
Upon Resident’s move-out, Agent shall contract for carpet cleaning at the Resident’s expense. The cost of carpet cleaning will be deducted from the Resident’s security deposit. If Resident contracts directly to have the carpets cleaned: 1) the cleaning must be performed by a reputable company using a truck mounted carpet cleaning system, 2) Resident must provide Agent with three days’ advance notice, in writing, that Resident will contract for Carpet Cleaning, and 3) a receipt of completed carpet cleaning must be provided to Agent. Agent reserves the right to re-clean the carpets, if necessary, with the contractor of Agent’s choice. Agent reserves the right to re-clean if necessary, with the contractor of Agent’s choice.
Rekeying
Upon Resident’s move out, Agent shall contract for rekeying of property at Resident’s expense; the cost will be deducted from Resident’s Security Deposit.
Disputing Charges Withheld From Your Security Deposit
Please make sure that before submitting this form, you’ve carefully reviewed all information on this page.
Its purpose is to help streamline the communication about your dispute request to the correct property representative as well as make sure that your dispute is easy to understand and properly formatted.
You will receive an email of the form for your records upon completion. Following this system will help speed up the process of finding an amicable resolution by allowing us to efficiently review each of your concerns in detail.
Please choose the region where your property is located to be directed to the correct team members.
If you’re not sure, please see this section of the FAQ for clarification.