Legal Question in Real Estate Law in Colorado

Do I go to small claims court

My former landlord failed to notify me within 60 days of the end of my lease that he was retaing my entire security deposit. It took him 64 days and only because I called him several times asking for it. once i received a deposit reconciliation he also refused to tell me exactly what the money was being held for. he said things like ''yard rehab'', when I asked him what that ment and what they did he said ''we will not know until spring. he took money for carpet cleaning and cleaning but could't tell me what they cleaned. I submitted a letter in writing asking for a list of details on what they cleaned and repaired and he never responded. I also sent a certified letter asking for my deposit returned in full because they waited too long to contact me and he sent a letter back refusing to do so. I have several witnesses that helped me clean and can tell them the place looked better than when I moved in 2 years ago. Wouldn't any carpet cleaning and whatever else the cleaned be considered wear and tear if I live there for 2 years? Should I just take him to small claims court?


Asked on 1/20/01, 12:49 am

1 Answer from Attorneys
Richard Schroeder Richard O. Schroeder, Counselor At Law

Re: Do I go to small claims court

First in Colorado there is a specific statute on this issue. You can recovery treble damages, but must first give the landlord written notice that you intend to sue. If you can prove willful and wantonness then treble damages are recoverable, However, recovering treble damages is difficult.

Generally, land lords are not allowed to charge you for reasonable wear and tear. Furthermore, they must provide proof of damages such as the yard rehab. You may sue him in small claims court or county court if you use an attorney.

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Answered on 2/14/01, 12:34 pm


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