Security deposits for rentals in Colorado are typically 1 to 1.5 times the amount of rent you will pay each month. This is generally a significant upfront sum, and is definitely money you will want to recover when you end your lease. As a renter, you have many rights, among which is your right to recover your security deposit. If a landlord is wrongfully withholding your deposit, you should contact an experienced Colorado security deposit dispute attorney to discuss what actions are available to you.
Recovering Your Security Deposit Under Normal Conditions
According to Colorado’s Renters’ Rights, renters can generally recover their security deposit within 30-60 days of moving out or turning over the keys. However, if a renter has failed to pay rent, utilities, repairs, cleaning, or abandoned the property entirely, then a landlord may have the right to keep all or part of a tenant’s security deposit. However, regular wear and tear cannot be a reason to withhold your security deposit. As long as you have met all of your obligations outlined in the lease, you should be able to recover your security deposit.
You Have the Right to Take Legal Action to Recover Your Security Deposit
If your landlord does not return your security deposit or uses it for illegal deductions, then you have the right to take action to recover your deposit. To initiate legal recourse, you must give your landlord 7 days’ notice that you plan to file a lawsuit to recover your security deposit. They may return your deposit to you within this time, but if they do not, you can continue with your intention to file a lawsuit.
Landlords can provide evidence that they were within their rights to keep a security deposit. However, if the court deems that they were in the wrong, they will be required to pay you three times your security deposit, as well as applicable attorney and court fees.
It is also important that you retain evidence to support your claim that your landlord withheld your security deposit. Be sure to keep a copy of your lease, as well as thorough records of your rent, utility payments, and any other relevant expenses. You will need to show that you met your lease obligations and did not cause any damage beyond normal wear and tear. A lawyer can help you gather this evidence and prepare for court. If a landlord failed to provide safe and habitable housing conditions, then a lawyer can also leverage this in your case to recover your security deposit.
Recover Your Security Deposit With the Help of a Lawyer
It can be very stressful when you are unable to recover money that is rightfully yours. Invoking your right to legal action can provide the relief you need and hold landlords and leasing companies accountable for illegally keeping your security deposit. The Colorado tenant attorneys at Sue My Landlord are ready to fight for you so you can recover your deposit and move forward. Contact us today to schedule a free consultation.
