QUESTION

can a text message be legally binding

Asked on Sep 19th, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
My landlord texted me saying there would be no charges to my deposit after I moved out. Now I fear that will change due to a disagreement. Is that text message saying no charges legally binding?
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
Text messages are very problematic.  The short answer is that it is difficult to authenicate the text message and thus difficult to have it admitted as evidence in a trial.  The issue becomes that you received actual notice and you may have taken action based on that notice which could be admitted more easily and create evidence of your actual notice.  Sorry for the confusing answer.  But, this is an emerging area of law and not well settled.  Landlords are held to a strict standard when it comes to security deposits.  If you have any question that your security deposit is being wrongfully withheld you should consult an attorney. 
Answered on Sep 20th, 2013 at 4:02 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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