Q: landlord verbally agreed that we would receive $825 deposit minus $150 on 8/1. Won’t return calls or emails now.
We lived in our home for 3 years, we had to move out because homeowners wanted to move back in. We cleaned the home, landlord inspected with us on the last day, and we moved to Denver, CO. She asked that we text her the address( I had already emailed it to her on 7/20/18) we texted it to her on 8/3/18. We vacated the premises on 8/1/18. During the walk through she said we would get our deposit back and we’ve normally have had great communication in the past. We’ve texted her 3 times and called once. I’ve also emailed her again and have had no response. I have typed out a legal document for the 7 day demand on our deposit. But I haven’t sent it yet. My question is, can she still withhold the $150 that we originally knew she was going to take? Or did she lose her right to keep that now that it’s been longer than 30 days? Also, what do I do if she sends it with the withholding since it’s been longer than 30 days?
A:
Assuming your lease does not allow more than 30 days, your landlord has forfeited her right to withhold any amount for damages.
Good Luck!
Ashley Dean Powell agrees with this answer
A:
I agree with Mr. Eby's answer.
I would add that you can find a good resource published on Colorado.gov at the following link: https://www.colorado.gov/pacific/sites/default/files/Attachment%2010-Landord%20and%20Tenant%20Rights.pdf. On page 20 of that document, you will see details about Landlord's obligations with respect to returning your security deposit (usually within 30 days) or giving you a detailed list of what has been withheld from your security deposit. On page 21 you will find additional information about sending your 7-day Demand Letter and where/how to file a suit if Landlord does not respond to the demand. You should note that your Landlord may be liable to you for triple the amount of the security deposit (in this case the entire deposit) that was improperly/untimely withheld.
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