Colorado Landlord-Tenant Guide
Sources for information to resolve landlord-tenant issues
Landlord Tenant IssuesA good place to start, even if you don*t live in Denver, for answers to questions about landlord/tenant issues is the City of Denver Residential Landlord Tenant Guide and the guide to Renter Rights and Responsibilities published by the Apartment Association of Metro Denver, part of the Colorado Apartment Association. There is no charge for these publications. Neither is a substitute for advice from an attorney.
Security Deposit IssuesAs for your security deposit: Pursuant to Colorado Revised Statute Section 38-12-103(1), Landlord generally has a month after the later of the end of the lease or your moving out/surrendering the premises (though your lease could give landlord up to 60 days) to return your security deposit along with (at the same time; not later) a detailed written explanation of any amounts kept by landlord. If the landlord does not return your security deposit within the required timeframe, landlord loses all right to keep any of it. If the landlord fails to provide the detailed explanation at the time landlord returns a portion of the security deposit, landlord loses all right to keep any of it (38-12-103(2)). Further, tenant may be entitled under Section 38-12-103(3) to triple damages (plus attorney fees and court costs) if a landlord wrongfully withholds any portion of tenant's security deposit (but tenant does need to give landlord a written notice at least 7 days before filing suit against landlord). None of these rights are waiveble, regardless of what your lease says (38-12-103(7)). And landlord cannot charge reasonable wear and tear against your security deposit. This was originally written by Ashley Dean Powell, Attorney at Law.