This article is for educational and entertainment purposes only. This is not legal advice and should not be relied on as such. Every case is different. Consult a licensed professional in your state. Viewing this website or its content does not create an attorney-client relationship with Lyda Law Firm or any of its lawyers.
Colorado law takes your security deposit very seriously and provides strong protections for tenants to recover any wrongfully-withheld security deposit. Under Colorado Revised Statute section 38-12-101 et seq., landlords must return your security deposit within 30 days (although the lease may extend it up to 60 days) or provide a thorough accounting of any withheld amounts.
Landlords who fail to follow this requirement face strict liability. As a tenant, you can pursue and recover triple (treble) damages, interest, and attorney fees from your landlord for any wrongfully-withheld security deposit. Additionally, the landlord (who is the defendant), not the tenant (who is the plaintiff) has the burden of proof at trial. But there are several procedural requirements for properly pursuing your security deposit, so it is important to understand the ins and outs of the statute.
At Lyda Law Firm, our mission is to increase access to high-quality legal services. That means making lawyers more affordable and accessible. As part of this mission, we believe in helping tenants recover wrongfully-withheld security deposits. That is why we have decided to offer special rates for this service: for a pre-suit demand letter and negotiations, we charge $250, plus 30% of your recovery. We have found that landlords often settle quickly in these matters, due to the strictness of Colorado law. However, where a landlord refuses to settle after wrongfully withholding a tenant's security deposit, we are prepared to take that matter to trial for you. For trial in these cases, we charge a $4,000 flat rate. Remember, the court can order the landlord to reimburse you for all attorney fees if you win at trial.
If your former landlord has wrongfully withheld your security deposit, contact us today. Our team serves clients in Denver and throughout Colorado, as well as in California, Texas, Washington, and Oklahoma.
If you have legal insurance, please call 844.844.LYDA (844.844.5932)
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