Durango, CO asked in Landlord - Tenant for Colorado

Q: In Colorado, when does a landlord have to return security deposits in the case of an early lease termination?

We had to terminate our lease early due to a move, and the landlord is now stating that they don't have to return our deposits to us until the property is re-rented, which is in contradiction to what was stated in our lease which states "landlord shall provide tenant with a written itemized accounting of the disposition of the security deposit within 60 days after termination of tenancy or surrender and acceptance of the premises, whichever occurs last."

We surrendered our keys on July 20 and have still not received our deposits. Is the landlord in the wrong?

They are also still charging us rent though the lease states they can retain up to one months rent, they've now charged us for 3 months and we paid a lease break fee and are continuing to pay for lawn maintenance on the house.

We're located in Colorado.

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

A: The issue in Sec Dep cases is always when does the 60 day clock start to run. If you have an affirmative agreement to terminate the lease on July 20 and/or you paid the Lease Break Fee and it was accepted as such, you may have a good case to demand your Sec Dep be returned in full and to possibly obtain triple damages and attorney fees.

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