Legal Question in Real Estate Law in Colorado
I own a property and signed a 12 month lease with a tenant. She moved out of my unit without notice. She wants her full security deposit back even though she has broken the lease and did not pay rent. She says she has a medical release and that invalidates the lease. Is this true in Colorado?
1 Answer from Attorneys
I will assume that this tenant is not Section 8 or otherwise covered by special rules or particular city regulations. Given those assumptions, there is no statute in Colorado that allows for invalidation of a lease based on some medical release. Unless your lease provided this form of release, or the apartment violated the warranty of habitability and the tenant followed those procedures, or the tenant is covered under the Servicemember act, this claim of invalidation is incorrect.
Remember that you must follow the security deposit statute to the letter regarding the deposit and your rights to retain any portion of the deposit and you must act immediately to mitigate your damages.
As always, you should speak with an attorney so they can review your lease and get more facts and provide you advice for your specific situation.
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