My question involves landlord-tenant law in the State of: Colorado
I moved out of an apartment complex in Colorado a few months ago. I never received a statement describing the deductions taken out of my security deposit, however, I did receive a refund. The company that runs the complex claims they sent me a statement, but I know that I never got one. I would like to take them to small claims. Under Colorado Statutes 38-12-103:
(1) A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payment required to the last known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.
(2) The failure of a landlord to provide a written statement within the required time specified in subsection (1) of this section shall work a forfeiture of all his rights to withhold any portion of the security deposit under this section.
(3) (a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorneys' fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.
(b) In any court action brought by a tenant under this section, the landlord shall bear the burden of proving that his withholding of the security deposit or any portion of it was not wrongful.
Is it not a wrongful withholding if I received no itemized statement of deductions? Also, is it not up to the landlord to prove that he sent me a statement? I have an email conversation with the manager where he states that I am correct and says he will mail a refund after getting permission from the owners. However, he was denied the request for a refund by the owners. They stated "they are not required to mail move out statements certified mail"
I asked for a statement after 60 days had passed since my lease termination (legal limit in Colorado for withholding) and was given one with a date that was also 60 days after my lease termination. I realize I am going on a bit of a technicality here, but do I have a case in small claims? The fees are $55 to file so I'd rather not waste the money if I have no case.
I moved out of an apartment complex in Colorado a few months ago. I never received a statement describing the deductions taken out of my security deposit, however, I did receive a refund. The company that runs the complex claims they sent me a statement, but I know that I never got one. I would like to take them to small claims. Under Colorado Statutes 38-12-103:
Quote:
(1) A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payment required to the last known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.
(2) The failure of a landlord to provide a written statement within the required time specified in subsection (1) of this section shall work a forfeiture of all his rights to withhold any portion of the security deposit under this section.
(3) (a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorneys' fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.
(b) In any court action brought by a tenant under this section, the landlord shall bear the burden of proving that his withholding of the security deposit or any portion of it was not wrongful.
Is it not a wrongful withholding if I received no itemized statement of deductions? Also, is it not up to the landlord to prove that he sent me a statement? I have an email conversation with the manager where he states that I am correct and says he will mail a refund after getting permission from the owners. However, he was denied the request for a refund by the owners. They stated "they are not required to mail move out statements certified mail"
I asked for a statement after 60 days had passed since my lease termination (legal limit in Colorado for withholding) and was given one with a date that was also 60 days after my lease termination. I realize I am going on a bit of a technicality here, but do I have a case in small claims? The fees are $55 to file so I'd rather not waste the money if I have no case.
Security Deposits: Landlord Did Not Send Statement of Deductions, Do I Have a Case in Small Claims
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