Fort Collins, CO asked in Landlord - Tenant for Colorado

Q: The landlord has 60 day to return my deposit. Does the 60 days start when I moved out or after the new tenant moved in?

I moved out before my lease was up. But continued to pay until a new tenant moved in.

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1 Lawyer Answer
Donald C Eby
Donald C Eby
Answered
  • Landlord Tenant Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: When the 60 day clock starts to run is often the issue which wins or losses a Sec Dep dispute. The 60 days begins to run when the lease terminates. That could be on the natural termination date, the date that the landlord and tenant mutually agreed to terminate the lease, or (generally no later than) the day a replacement tenant moves into the unit.

This is a fairly technical legal issue, it the Landlord is in violation a tenant can recover attorney fees as well as treble damages. Thus, I recommend at least consulting with an attorney before sending your 7 day demand letter.

Good Luck

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