The landlord may keep the security deposit for many different reasons. The most common reason for keeping the deposit is to pay for damages to the unit OVER & ABOVE \"normal wear and tear. \" Normal wear and tear, is de terioration that occurs by living in the unit without negligence, carelessness, accident, or abuse of the unit by the tenant or members of the household, or their guests.A security deposit may be called a \"damage deposit, a cleaning deposit or a pet deposit.\" Regardless of its name, if the money is given to assure performance by the tenant, Colorado law applies.If the tenant has given the proper notice to the landlord of moving out and if the tenant does not owe any money to the landlord and if the unit is left in the same condition as when the tenant moved in, except for normal wear and tear,the tenant is entitled to a FULL return of the security deposit. (And the longer a tenant has lived in a place, the more wear and tear can be expected.) By Law the landlord can NOT charge the tenant so much as one cent over the security deposit, regardless of the alleged damages. By LAW items such as paint and carpet can NOT be charged by the landlord.after two years of the rental.If the landlord willfully and wrongfully keeps a security deposit, the tenant may recover three times the amount of the security deposit wrongfully withheld, plus costs and reasonable attorneys fees. To these treble damages, after the one-month time period for returning the deposit expires, the tenant must send the landlord written notice of the intent to bring a lawsuit to recover the treble damages. The tenant must then wait seven days. If the tenant has the intention of filing a legal suit against the landlord, he or she must notify the landlord seven days before he or she does so. This time window allows the landlord to return any amount that may have been wrongfully or unintentionally withheld without having to go to court.If the landlord fails to return the deposit within the seven-day period, the landlords keeping of the security deposit is considered willful and the tenant can sue for treble damages. If the landlord returns the full amount of the security deposit within that seven-day period, the landlord has no liability for treble damages. Remember, at this point the landlord must return ALL of the deposit and cannot keep any of it for any reason. Once the landlord fails to give a written explanation within the one-month period, the landlords right to keep any of the deposit is lost.Even if the landlord gives the required explanation within the one-month time period, the tenant may challenge the amounts retained and under some circumstances may recover treble damages. The landlord may still be liable for three times the amount wrongfully withheld if the landlord did not act in good faith in keeping all or a portion of the deposit. The landlord has the burden of proving that s/he acted in good faith.Under Colorado law, a landlord must return the tenants security deposit within one month, unless the lease agreement specifies a longer period of time (which cannot be more than 60 days).If a landlord has withheld any portion of a tenants security deposit, the landlord must include a written itemized statement along with the portion of the security deposit that is being returned to the tenant. This statement must specifically list EACH REASON as well as an explanation for deduction along with the amount deducted.If a landlord has made deductions from the deposit and he or she does not include a written statement along with very specific reasons why along with the portion of the deposit being returned, the landlord may forfeit his or her right to keep the amount of money he or she had withheld as well as liable for treble damages and court fees.Know your rights because this landlord apparently does not! They called my son for an additional $1500 for carpet, paint, blinds and a dirty sink OVER the $1700 security deposit ($3,200) 45 days after moving along with threats of going on his credit. Theyre swindlers BEWARE more ... hide ...
