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Conejos Capital, LLC -Committed to Your Needs, Conscientious to DetailSecurity Deposit Act Trial On November 20, 2006, a decision was handed down by Judge Charles Unfug in Weld County Court which has severely negative ramifications for all Landlords in Colorado: ExecNet Properties, Inc. v. Conejos Capital, LLC. Case Summary The case involves a rented executive home in Highlands Ranch, Colorado, that Conejos contends was damaged during the possession of ExecNet Properties, Inc. Upon the termination of the lease, which lasted 16 months, the home was found to be extensively damaged and diminshed in value. The home was not used as an Executive Rental, as was contracted, but as home/home school for a family of four. The "home schooling" and other activities during the occupancy resulted in non-normal use of the home, in short, "excessive wear and tear". As a result, Conejos Capital engaged its insurance company, State Farm, to independently assess items exceeding "normal wear and tear". State Farm Insurance's designate identified nearly $2,500.00 in physical damages - excluding additional, contractual damages like failing to clean carpets - that, in its professional opinion, exceeded "normal wear and tear". A second independent, professional estimate was comparable to the findings of the first estimate. Here's a subset of the damage that occurred (photographic proof available):
As a result, Conejos Capital retained the entirety of the $1,500.00 security deposit. Additionally, Conejos Capital:
In finding against Conejos, the court:
We respectfully disagree with the Court's finding and are asking the court to revisit its decision. For more information, contact us at michael@conejoscapital.com or on the contact section of the home page.
Michael Clarkson Managing Member Conejos Capital, LLC
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