Legal Question in Real Estate Law in Colorado

Reimbursement of security deposit.

My boyfriend and I were looking for an apartment for him. We thought we found one so we put down a security deposit and filled out the paperwork to start their selection process. It ended up we didn't get the apartment so they called us to come get our deposit back which they said was completely refundable except for $50 application fee. I didn't get the message for two days and when I did call the office manager back she said my check had been cashed and I would get a check in the mail in a week. It has been nearly six weeks and I still don't have my money. I have talked to this woman seven or eight times and she refuses to give me my money or the name of a superior. What if anything can I do to get my money back?

Asked on 10/24/00, 5:16 pm

1 Answer from Attorneys

Richard Schroeder Richard O. Schroeder, Counselor At Law
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Re: Reimbursement of security deposit.

This is an interesting situation. Generally, a landlord must return the security deposit within thirty days. A contract can extend that time to sixty days. Here no lease was created, but I would assume the landlord must return the deposit within 30 days. Any written documentation may govern also.

I believe the application fee may be nonrefundable, but depending on the situation fee may have to be returned. Find the statute governing security deposits, give the landlord ten days notice of intent to sue for treble damages and file a claim after the ten days elapses.

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11/15/00, 1:12 pm

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