Denver, CO asked in Landlord - Tenant for Colorado

Q: can landlord keep security deposit if he voided lease after 3 days?

I advised landlord of presence of black mold . he voided the lease and said he did not believe me I have pictures and I am ill from trying to clean the place. can he keep my deposit? I have a voided lease signed by him and I never actually moved in. He stated that he will not try to remedy and that I would have to prove it to him. can I send a 7 day demand letter now since the lease is actually void?

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1 Lawyer Answer
Ashley Dean Powell
Ashley Dean Powell
Answered
  • Licensed in Colorado

A: It sounds like you've already done some of your homework, but a 7-day demand may be premature at this point depending on the specifics. That may depend on whether you mean the lease was "voided" in that you are both acting like it never existed (did you get that in writing from the landlord, since he does have your signature on a lease?) or simply that it was terminated early by your mutual agreement (even so, did you get that in writing?).

Pursuant to Colorado Revised Statute Section 38-12-103(1), Landlord generally has at least 30 days after the later of the end of the lease or your moving out/surrendering the premises (did you give keys back?) to return your security deposit along with a detailed explanation of any amounts he kept.

If you think you are both treating the lease as having never existed, it probably can't hurt you to send the landlord a written demand for return of the security deposit. You might consider reminding landlord of his obligations under the statute, including his potential exposure under Section 38-12-103(3) to triple damages (plus attorneys fees and court costs) if he wrongfully withholds any portion of your security deposit. Depending on landlord's cooperation, you may have to decide whether you want to pursue this on an accelerated schedule (not giving landlord the 30 days for the "end" of a lease since you think there was no lease) at the risk that you spend time and energy to be told that you were premature or wait out the 30 days and then enforce your rights if under a normal schedule based on the statute. I have not done any research about whether a "voided" lease is subject to different rules than the statutory norm.

This document has some decent and basic information about security deposits starting at page 20: https://www.colorado.gov/pacific/sites/default/files/Attachment%2010-Landord%20and%20Tenant%20Rights.pdf

Good luck!

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