Legal Question in Real Estate Law in Colorado

The landlord, absent an agreement where you agreed to allow the landlord to retain the prepaid months, cannot just keep that money as it appears they have no damages (at least within the context of the monthly rent).

If you were paid through September and he got a tenant that paid in October (also assuming they paid the same amount as you and covered your lease term), the landlord would have no damages (losses) related to the rent. There could be damages for the cost of renting the place and advertising, but that should not be that substantial. You will have to review your lease on the damage and termination terms to be sure.

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 do 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.

Review the lease. Assuming that the landlord is 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.

You should contact an attorney to review your options and fight this matter.

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