Apartment Trends Magazine April 2015 | Page 35

ASK THE LAWYER debbie wilson | springman, braden, wilson & pontius, P.c. How long should you keep resident and applicant records? G ood landlords and property managers retain records on their residents long after the resident has moved out. These records include applications, leases, records of payments; conversation logs, eviction notices, records of maintenance requests and work performed, as well as screening criteria, records for rejected applications and guest cards. Why? For potential legal action later. Legal action could be brought by a landlord or could be brought against a Landlord by an applicant, a resident, the Department of Justice, the Colorado Civil Rights Division, any number of watchdog groups for tenants’ rights, or even the IRS. The statute of limitations varies depending on the nature of the claims and the myriad of public policy reasons for limiting the allowable time period for filing suit. Recently, my firm collected $6,500 in unpaid rent from a prior resident who vacated almost 5 years ago. At the time of moveout, the resident had failed to pay rent for four and a half months and the landlord had worked diligently with the resident, offering payment plans to try to have him catch up with back rent. The resident finally moved out, owing a substantial amount of money, and disappeared. The landlord struggled to avoid foreclosure as the significant shortfall on rent made it difficult to make the mortgage payments. It took several years to track the resident down (as he was sleeping