Legal Question in Landlord & Tenant Law in Colorado

I moved out of my apt on 7/31 and have called the Building Manager twice about my deposit. Both times she advised she was waiting on an answer from the owner. It has been 38 days and I still have not received the deposit or a statement about what is being taken out of the deposit. Is it true that I have grounds to take legal action to get the full deposit back due to forfeiture of the deposit?


Asked on 9/07/10, 2:46 pm

1 Answer from Attorneys

Robert Murillo Pivotal Legal Ltd.

Colorado law regarding security deposits is clear. The statute states that the landlord must provide a written statement to the tenant, in the time provided in the lease or no later than 60 days, listing the reasons for retaining all or any portion of the deposit. If you did not receive that statement in the time required, you can make a written demand for return of the entire deposit and if not paid within seven days the landlord is liable for three times the deposit and attorney fees.

So, depending on your lease, the landlord statement may be timely. Review the lease. Assuming that the landlord was not timely, you must provide a letter to them giving them time to return the deposit or you can sue them for three times the amount. Here is one discussion http://www.ext.colostate.edu/pubs/consumer/09903.html.

Please note that the landlord can still claim that you owe for the damages and file suit or assign this claimed debt to a third party for them to try to collect. What they cannot do is retain the security deposit, because they violated the statute.

You should contact an attorney to review your options.

DISCLAIMER�This answer is for informational purposes only and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

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Answered on 9/13/10, 12:37 pm


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