Legal Question in Landlord & Tenant Law in Colorado

rights for rental tennant

I moved into an apartment and I just got out of a domestic violent sdituation and I fear for my safety because the person told me that they would come and get me my lanlord told me that if I go into a shelter before my lease is up that i forfeit my deposit what are my rights on thissituation can I get my deposit back


Asked on 7/28/08, 8:06 pm

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: rights for rental tenant

Sorry to hear about the problems. I would contact domestic violence organizations for assistance.

If you are the only person on the lease and you decide to leave and stop paying the rent due, even for this reason, the landlord generally can retain your deposit to cover for part of their loss, if any.

The landlord has a duty to mitigate their damages which means trying to find another tenant. If, however, they cannot find one fairly quickly or there is damage to the apartment, they certainly can hold part or all of the deposit and, in fact, can sue for any balance if the deposit does not cover the losses.

If you do have to leave, contact legal aid and see if they can provide legal assistance. Good luck.

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Answered on 7/29/08, 7:47 am


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