Is email sufficient means of notification for intent to withhold a security deposit?

Question

My former landlord is suing me for damages done to the carpeting in the apartment I rented for two years. The stipulation in my lease states he has 60 days to return the deposit. I was not notified of his intent to withhold my security deposit until 90 days after I vacated the apartment when I was served papers for small claims court.

In response, I sent him a certified letter requesting proof that he mailed the intent to withhold my deposit within the 60 day window. What he provided me with is a copy of an email he sent to my office, which I never received. We have never corresponded via email yet he states the email address was my “last known address”. Technically my last known address was the apartment I was renting, but he claims I never “signed for a mail key”. I never signed anything stating that I received a mail key, but he did provide me with one and I did receive mail there and I can prove it. I also have a forward in with the post office, and I did leave him a forwarding address. Of course, he claims that I didn’t provide him with a forwarding address, but I have a witness who can testify that gave him my new address on two separate occasions. Also, the court summons has my current address written on it in HIS HANDWRITING.

Regardless, Per Colorado law, is he not obligated to mail the letter via the postal service to my last known address (the apartment I was renting or the forwarding address I left him with) within the time frame stipulated in the lease? Will this email he claims he sent be enough for him to win in court, or has he forfeited his rights to my deposit by not mailing the notice via postal mail within 60 days?

Answer 1

There is nothing that says the notice must be mailed by Post Office. Notice can be provided in person, taped to your door, mailed by Post Office or by email if you had given the landlord your email. Notice could even be done by phone, but there is no way to prove the call was made.

The fact that you did not receive the email doesn't negate that he sent you notice. Things get lost in the Postal system as well. If he can produce a copy of an email with the headers which indicate the date and time he sent the email it will hold up in court.

Email has been determined to be a valid communication method these days. Look at how much less mail there is since email has taken off.

Answer 2

Your last known address is either your HOME address where you were living or a new address that you provide to him not an email address.  he as a landlord should have known better than that.  

As for him sending you an email I don't think that counts for one like you said you didn't get it and he can't prove if you did or didn't.  I would fight this lawsuit and countersue for what your state allows.

Answer 3

.  He is being tricky and dishonest with his "email".   You will win.  I attended a class by the local Small Claims COurt judge.  He hates landlords who fool around with security deposits.  He charges them triple damages and you get the money.  Pay the $35 at the court.

Next time you will never vacate a rental without a face to face walkthru. Even if you have to call 40 times to set it up.  Then you leave with a signed paper saying it's clean and you owe nothing.  Demand this.

Answer 4

So i own property in NH and MA, and in both of those states the landlord must return the security deposite or an itemized bill within 10 days of the rentor leaving.  even if the lease states 60 days, the state laws overide anything in the lease if there's a conflict.  also the landlord must communicate in writing, not e-mail.   there are lots of rules that landlords and tennants must follow and most states have harsh pennalties for landlords that don't follow the rules.   find yourself a lawer that specializes in property (they are easy to find) and talk to them.  it's possible the landlord is liable for more than just the security deposite.  the lawer will cost you a little,  but they know ways to get the landlord to pay most of there bill.

here's an example of a mostly unknown law in MA and NH:

the landlord must hold the security deposit in a seperate interest bearing account.  if they don't the court will make him pay 3 times the security deposit to the ex-renter.

Answer 5

First off - When you moved out, did the final walk-thru, and handed in your keys, they should have told you then, that there were some damages that could affect the return of a deposit. They also should have had you give them your forwarding address so that you could recieve any documents regaurding the prior lease. Did he offer you a paper with the results from the walk-thru?

Second - If he says 60 days to give you a WRITTEN, not typed, letter saying you owe if X amount of money, he has to contact you within 60 days. 90 days is not an acceptable ammount of time

Depending on the deposit, and the cost of the damages,  t might be smart to just leave it be, pay what you have to, and be on with your life, as court fosts get expensive fast.

I reccomend taking pictures before you move in, and before you turn in your keys, and also getting your carpet prefessionally cleaned, as in most cases it if required. Good Luck, it sucks renting, I know

Answer 6

It is hard to determine what the judge will do.

Email is not legal communication.   That one is out.

However, you have to prove he had a forwarding address within the alloted 60 days.   It does not matter that he had it 90 days later.

And, no, he does not have to mail anything to your last known address.  He has to have the real address so that he can obtain a signature that you received the letter.

You are both in the wrong.

I am curious that he is the filling suit, and not you.    I do not imagine he is filing because he could not locate you to return your deposit.