Denver, CO asked in Landlord - Tenant for Colorado

Q: If my old landlord doesnt return my deposit or give me a itemized list of deductions by the allotted deadline,

Am I due back the entirety of my deposit, including any "non-refundable" portions?

To clarify, my landlord has 36 hours left to return my deposit with an itemized list of deductions. I am aware of the 7 day demand letter but I wanted to clarify what I am demanding. The law states that if he does not meet this deadline he forfeits the ability to make deductions and must return my entire deposit but does that include the previously stated "non-refundable" portion?

I paid 850 (half of one months rent, had a roommate) plus a 900 dollar pet deposit, 300 of which was non-refundable. So originally my max amount I could get back was 1450. If the landlord does not return my deposit within allotted time, am I also entitled to the 300 dollars back as well?

I know he hasn't actually defaulted yet, but I'd like to have my ducks in a row for if he does.

Thank you in advance for any clarification or advice you can give!!

Related Topics:
1 Lawyer Answer
Donald C Eby
Donald C Eby
  • Landlord Tenant Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: The Non-Refundable portion is not likely to be subject to the Sec Dep Accounting requirements.

1 user found this answer helpful

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.