Security deposit

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What do I do if my landlord says she mailed out my deposit in September but I still have not received my refund now she’s stating it will take a few more weeks to receive one

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Posted by Anonymous
Asked on November 30, 2021 9:59 am
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Lawsuits are always an option, you could file a suit in small claims court, this may show the Landlord that you are serious and result in the receipt of your money sooner.

Otherwise, the failure of a Landlord to properly and timely account for and return your security deposit carries stiff penalties. If you feel like you need to get an attorney involved we can help you.

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Posted by donald@robinsonandhenry.com (Questions: 0, Answers: 282)
Answered on November 30, 2021 5:15 pm
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Generally, your landlord must return your security deposit, or give you notice in writing why they are retaining any portion of it, within 30 days after the termination of your lease or the surrender and acceptance of the premises. This 30 day time period can be extended up to 60 days if your lease contains a provision to that effect. In order to comply with the statute the landlord needs to mail the retention letter (and any returned portion of the deposit) to your last known address. If the landlord fails to meet these deadlines, they are deemed to have forfeited their right to withhold any portion of the deposit. If the landlord willfully retains any portion of your deposit in violation of Colorado's security deposit statute, they may be liable for treble (3x) the amount wrongfully withheld plus attorney fees and court costs. In order to be entitled to this relief, however, you must give notice of your intent to file legal proceedings a minimum of seven days in advance of filing suit. As with most legal issues, however, there are nuances involved, so it makes sense to confer with an attorney to understand all of your rights and to assess the likelihood of prevailing against your landlord.

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Posted by steve@robinsonandhenry.com (Questions: 0, Answers: 12)
Answered on November 30, 2021 10:31 am