Q: What is the statue of limitations in Colorado to file a lawsuit against a landlord for failure to return the deposit?
I did send a 7day demand letter prior to 1 year of the date I moved out, however a death in my family kept me from filing the lawsuit immediately after the 7 days was up and now its been exactly a year since I moved out. Can I still file a law suit to return treble damage deposit?
A:
The statute of limitations is very tricky. You should contact an attorney.
For security deposit cases, I typically see a 1-year and 3-year statute at play. The 1-year is for punitive damages and the 3-year is for breach of contract. But the facts are extremely important. They determine which statute applies, when the SOL starts to run, and so on. It is impossible to know based on the limited info you provided above.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
A: I should also note their is case law supporting a 3rd SOL that may come into play but I cannot think of it off the top of my head. Regardless, contact an attorney.
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