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-   -   Apartment Deposit retrieval (https://www.askmehelpdesk.com/showthread.php?t=309606)

  • Jan 27, 2009, 08:15 PM
    Cinderella9999
    Apartment Deposit retrieval
    We keep asking Management for our deposit, 2 to 3 times already..
    She says the apartment is in good condition and we should get it all back.
    She tells us she has the package still in the office, and has
    Not sent it off to the Landlord/owner yet.. She keeps telling us
    She is going to send it off, but she always has a excuse that she
    Is busy all the time. It has been about 3 weeks.
    Who must I contact to get my rental deposit? Who should I
    Contact, that deals with helping tenants retrieve their security deposit?
  • Jan 27, 2009, 08:23 PM
    LILL
    Most states require the landlord to return the deposit within 30 days. If you post your state, I will give you the exact statute.
  • Jan 27, 2009, 08:33 PM
    Cinderella9999
    Quote:
    Originally Posted by LILL View Post
    Most states require the landlord to return the deposit within 30 days. If you post your state, I will give you the exact statute.
    Denver Colorado
  • Jan 28, 2009, 04:26 AM
    LILL
    Security Deposit: 38-12-103 - Colorado law requires the landlord return the security deposit or an itemized statement of the deductions and balance, if any, to the tenant within 30 days after termination of the lease or the surrender and acceptance of the premises, whichever occurs last. This time may be extended up to sixty days if specified in the lease. The landlord must either deliver or mail the full deposit or a statement of deductions and the balance of the deposit to the last known address of the tenant. If the landlord fails to provide a written statement of deductions and the balance of the deposit in full within the specified time, the landlord forfeits his right to withhold any portion of the security deposit.
  • Jan 28, 2009, 05:11 AM
    Fr_Chuck

    So wait for the 30 days and if they have not paid you sue them
  • Jan 28, 2009, 05:54 AM
    LILL
    Quote:
    Originally Posted by Fr_Chuck View Post
    So wait for the 30 days and if they have not paid you sue them


    Also... check your lease to see if there is a clause that allows the landlord more time to return your deposit.
  • Jan 28, 2009, 09:16 AM
    JudyKayTee
    Quote:
    Originally Posted by LILL View Post
    Also....check your lease to see if there is a clause that allows the landlord more time to return your deposit.

    In my State (NY) a tenant cannot waive his legal rights. If the law says X number of days a lease cannot state otherwise and be enforced.
  • Jan 28, 2009, 10:16 AM
    LILL
    Quote:
    Originally Posted by JudyKayTee View Post
    In my State (NY) a tenant cannot waive his legal rights. If the law says X number of days a lease cannot state otherwise and be enforced.
    Colorado Law states otherwise.

    Security Deposit: 38-12-103 - Colorado law requires the landlord return the security deposit or an itemized statement of the deductions and balance, if any, to the tenant within 30 days after termination of the lease or the surrender and acceptance of the premises, whichever occurs last. This time period may be extended up to sixty days if specified in the lease. The landlord must either deliver or mail the full deposit or a statement of deductions and the balance of the deposit to the last known address of the tenant. If the landlord fails to provide a written statement of deductions and the balance of the deposit in full within the specified time, the landlord forfeits his right to withhold any portion of the security deposit.
  • Jan 28, 2009, 10:29 AM
    ScottGem

    I would stop badgering. Wait the 30 days and if they haven't mailed it, then they forfeit the right to kepp any of it. Unfortunately CO law doesn't allow for punitive damages.
  • Jan 28, 2009, 10:55 AM
    JudyKayTee
    Quote:
    Originally Posted by LILL View Post
    Colorado Law states otherwise.

    Security Deposit: 38-12-103 - Colorado law requires the landlord return the security deposit or an itemized statement of the deductions and balance, if any, to the tenant within 30 days after termination of the lease or the surrender and acceptance of the premises, whichever occurs last. This time period may be extended up to sixty days if specified in the lease. The landlord must either deliver or mail the full deposit or a statement of deductions and the balance of the deposit to the last known address of the tenant. If the landlord fails to provide a written statement of deductions and the balance of the deposit in full within the specified time, the landlord forfeits his right to withhold any portion of the security deposit.

    I read the section the first time you posted it.

    I referenced NY - for other people reading, the law is not the same in every State. That's the only reason I mentioned it.

    In Colorado the Law apparently allows for a 30-day extension. That's what the Law allows. The landlord could not make that 90 days and enforce it.

    Likewise, if the time in a State is 30 days with no extension the landlord cannot unilaterally extend it.
  • Jan 29, 2009, 07:09 AM
    twinkiedooter

    Did you send your request in writing, certified mail return receipt? Just calling someone is easy to fluff off. Spend the $5 and send it certified return receipt. They'll get the message. Also send this request by regular mail at the same time.

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