Can I retain my tenants security deposit?
Answer: Yes, for money owed to you and for damage beyond normal wear and tear. However, Colorado’s security deposit statute is the only Colorado law that favors the tenant. It requires the landlord to bear the burden of proof to justify the withholding of any deposit. Any deposit withheld which the court thinks was wrongful entitles the tenant to be paid three times the wrongfully withheld amount and the landlord must also pay the tenant’s attorney’s fees. Be liberal about retaining deposit for unpaid monetary lease obligations (because these are easy to justify) and conservative about retaining deposit for repairs or cleaning. Timely send out your written security deposit accounting listing in detail items for which deposit was withheld.
Regarding properties in Jefferson County: the Jefferson County Court will set initial court dates in eviction cases only on Tuesday, Wednesday and Thursday mornings beginning in August.
We are happy to answer your questions; no charge! (303) 758-0500.