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In short, we (former tenants) have not received our security deposit/official itemized deduction statement from a rental company, and it has been over 60 days.
Jun 4, 2025
Eviction & Landlord
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

Colorado law states that if a landlord does not return a security deposit or provide a written statement listing the exact reasons for retaining all or some of the deposit within 60 days, the landlord forfeits all rights to any of it. 

Here’s the caveat: the landlord complies with the law by mailing the statement or any payment to your last known address, regardless of whether you received it. 

If you believe you provided the landlord with the correct forwarding address and the landlord failed to follow the law, you may have a valid case against the landlord. 

If the landlord has willfully retained the security deposit, violating the law, they may be held liable for three times the amount of the wrongfully withheld deposit. The court can also order the landlord to pay the tenant’s reasonable attorney fees and court costs they paid to recover their deposit. 

Based on the limited details, it appears you might have a case. Legal procedures must be met to file a case against a landlord, such as notifying the landlord of your intentions to file legal action. Therefore, I recommend that you speak with a real estate attorney who has experience in Colorado landlord-tenant law. They can determine the validity of a possible claim and ensure that you adhere to the legal process. 

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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