Colorado SECURITY DEPOSIT |
|
In Colorado the landlord is required to send a written
statement of damages, along with any security deposit refund, to
the renter's last known address. It is important that you
furnish the landlord with a forwarding address. Also file a
change of address form with the local post office in case the
landlord mails you a notice the address you just left.
Give the landlord proper written notice of intent to move out
within the time specified in the lease. If no time is specified
in the lease, notice must be given within the time specified by
law. In a month-to-month lease, unless otherwise specified,
written notice must be given to the landlord 10 days before the
end of the month.
Inspect the premises on the day you move out along with a
neutral party to witness the condition the house or apartment
was left in. Photos can be taken of the apartment condition when
the renter moves out. You should of already done this when you
moved in. We suggest you try to bring along a property manager
or the landlord. If you had a move in checklist, bring that with
you.
|
|
|
|
Return of the deposit. When you leave an
apartment, the landlord has one month (unless a longer period of
time, not to exceed 60 days, is stipulated in the lease) to send
to your last known address the full amount of the security
deposit or a written list of the damages and the amount of money
needed for repairs. If the deposit is larger than the amount
required for repairs, the landlord must return the excess.
Retrieving unreturned deposits. If the
landlord does not comply with the law and fails to refund the
deposit within one month (or up to 60 days if stipulated in the
lease), or withholds any portion for normal
wear and tear, or if you consider the reasons for
withholding invalid and wish to pursue the matter, you can take
legal steps.
|
You may seek the assistance of an attorney, file a complaint
in county court under Simplified Civil Action, or file a
complaint in the small claims division of county court. If you
consult an attorney, bring copies of the lease, deposit checks,
correspondence, etc. Discuss fees with the attorney at this
first appointment. If you pursue the matter without an attorney,
check the rental agreement with the landlord or realtor to see
what liabilities might incur should you lose the suit. The
renter must decide if it is worth about $20 to retrieve a
deposit often in excess of $100.
To start the action, send the landlord a certified letter
(with a return receipt requested) and demand the deposit be
refunded within seven days under threat of legal action. Also
send a copy by regular first class mail. The letter should cite
violation 38-12-103 of Colorado Revised Statutes and mention
that the statutory time requirement for returning the deposit
has elapsed following the termination of the lease agreement.
If the landlord does not respond within seven days after the
letter is sent, you can pursue court action. If the amount is
$5,000 or less, go to the small claims court in the county
courthouse in the county where the defendant lives or works.
If the amount (including treble damages) is more than $5,000
but less than $10,000, go to the county court in the county
where the problem arose to begin legal proceedings. If the name
of the landlord is not known, the county assessor's office can
help find the owner of the rental property.
Before filing, the renter must have grounds to file. Grounds
include (a) expiration of the one-month period and either
non-refund without explanation or fictitious claims for damage
and withholding charges, and (b) seven days since sending the
warning letter.
|
