Q: My drunken landlord/roommate is withholding my deposit for zero reason, calling me names, threatening me. What can I do?
There was never a lease signed and she has been verbally attacking both me and another roommate. Threating to get my tiny dog put down after she instigated issues with my dog to "show her dominance" she will not give my deposit back even though I have a verbal recording of her agreeing to return it if I moved out (she told me to get the f*ck out and I said she can't kick me out but ill willingly leave with my deposit) there are no damages to the house except her allegation that my dog peed on her cement floor (no stains) she has an issue with shopping and I believe she spent my deposit. She also claims she won't return the deposit because no one wants my old, small room though I have personally found people who want to rent it and gave her their information.
A:
There's a lot here that is a little out of the ordinary--no lease, no paperwork, verbal agreements all around. In addition, there isn't mention of any timing--how long were you renting, were there any other terms of the agreement to leave by a certain date, how long ago did you leave? To really answer your question, an attorney may need to dig into all of that and more to understand the terms of the verbal lease.
That said, generally, a landlord must return a security deposit within 30 (but, if agreed to in the lease, in as many as 60) days after you left or, in the same time period, provide a written list of how much she is withholding from your security deposit and why. Read more about this starting at page 20 of this PDF from Colorado.gov: https://www.colorado.gov/pacific/sites/default/files/Attachment%2010-Landord%20and%20Tenant%20Rights.pdf
There is additional information starting on page 21 of that document about what a tenant should do if the landlord is not complying with the requirements to return the security deposit.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.