Your Legal Questions Answered
Hello, we are starting a case with our landlord for not returning the security deposit. It has been 30 days so we are aware that we are owed the full amount and we will be sending a demand letter tomorrow. If needed, when we submit a claim for it in SCC do we need all tenants on the lease to sign paperwork for court? There are 4 tenants and 2 currently live in Florida. Will everyone have to be at court or can we have one be a representative?
Do all parties to the lease have to be a party to the lawsuit? It would be best if all the parties were part of the lawsuit, even if those in FL simply allow the suit to be filed naming them as an injured party. Otherwise, this issue will likely complicate the litigation and your damages award will be reduced proportionally. An attorney can represent all 4 of you on the suit. I'm also concerned about the 30 days as in Colo the lease can extend the time period to deliver the Sec Dep Accounting to 60 days. The fight in these cases is usually over when to start the clock. Our attorneys are very experienced in these issues. I recommend that you contact us for a case assessment prior to getting to far down the road. At your case assessment we'll discuss the facts, the lease, the law, your rights, your remedies (possible triple damages and attorney fees), the process, timeline, costs, etc. Just call 303-688-0944 or schedule online at robandhen.wpengine.com/locations we'll meet via phone or Zoom.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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