Legal Question in Landlord & Tenant Law in Colorado
What can I do to get my security deposit back if the landlord has not gotten it to me and we moved out over 2 months ago now?
1 Answer from Attorneys
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.
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 still may be liable for those costs if the landlord (or the collector) files suits and proves that these were damages that are not wear and tear or are otherwise allowed to be charged in the lease.
I would definitely talk to an attorney because you also have other useful strategies in dealing with this collection agency. You should contact an attorney and make a demand for full repayment of the security deposit within seven days.
DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.
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