Legal Question in Civil Rights Law in Colorado

landlord withholding deposit

I recently moved to Nevada from Fruita, Colorado.While in Fruita, I was renting an apartment. Before I moved, I fulfilled all that was required of me. I gave my 30 day notice, I cleaned the apartment above their standards, I had the carpets clean proffesionallly. I then moved. The mangement company then told me they had 60 days to return my deposit or notify me in writing why they have not. It has now been 77 days and I have heard nothing. Can you please tell me my rights, what I can do, and if I decide to sue for my deposit, can they now come back with, ''oh, We are keeping your money for this reason''. I guess I am asking, after the 60 days, have they given up any rights they may have had to my money. Thank You!


Asked on 9/06/05, 10:11 pm

1 Answer from Attorneys
Francisco Romero F.L. Romero Esq., P.C.

Re: landlord withholding deposit

The answer to your situation should be set out in the lease agreement. What does it say about damage deposits/timelines, etc? Your remedy is to sue for breach, but unless it is for a decent amount, it probably won't be worth the time and hassle, esp. since you are now in Nevada. I suggest writing a letter asking them to send you the deposit ASAP and/or an explanation as to why they are not going to - send it certified, return receipt requested to prove receipt. The down side is that unless you have some proof of the before-lease condition and after lease condition, it will be your word against theirs on damages. In the future, make sure you complete a damage checklist/type up a letter which sets out the damages that exist at the time you lease, wouldn't hurt to shoot some photos; then repeat that process when you move out. If the landlord wants to play games at that point, you have before & after proof to show the landlord is lying.

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Answered on 9/07/05, 6:01 pm


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