Asked in Landlord - Tenant for Colorado

Q: Can a landlord not not return my security deposit within 60 days because they didn’t know my forwarding address?

Never received a list of damages or anything outlining the return of the security deposit. They have my contact info, but I didn’t realize they didn’t have my forwarding address. Lease states the deposit will be returned within 45 days, but only after all conditions have been met. The last condition is to have a valid forwarding address - which I do, but never received any communication inquiring about it. Instead they kept the security deposit for 4 months with no communication until I asked about the status.

As far as I’m concerned, I should be entitled to the full deposit (no deductions) since they failed to provide an itemized list within 45 days. Am I off base with that? It has been 4 months

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1 Lawyer Answer
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Parker, CO
  • Licensed in Colorado

A: The lease is important but the lease cannot override the CO state statute as it relates to security deposits. More information is needed here. For example, once you provided the forwarding address, did they mail the items in question? Regardless, you should reach out to an attorney to discuss.

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