This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Colorado Complaint in Small Claims Court for Failure or Refusal to Return Money Deposited for Apartment
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Multi-State
Control #:
US-01678BG
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Word;
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How to fill out Complaint In Small Claims Court For Failure Or Refusal To Return Money Deposited For Apartment?
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FAQ
In Colorado, a security deposit receipt is not necessary from the landlord. Colorado's security deposit law does not require landlords to pay interest on security deposits or to retain them in an interest-bearing account.
Signed into law on June 6, 2023, and effective this August, this bill restricts landlords (with some exceptions) from considering or inquiring about certain information relating to a prospective tenant's amount of income and credit history. It also places a cap on security deposits.
If your landlord does not return your security deposit or give you a list of reasons for withholding it within the time specified above (30 to 60 days, depending on the lease provisions), they lose any right to keep any part of the security deposit and you can sue them for three times what they wrongfully withheld.
What's the deadline to file a case in small claims court in Colorado? You don't have an unlimited amount of time to file a claim. You'll have to bring it within the statute of limitations period for your particular case. For example, the Colorado statute of limitations periods generally range from two to six years.
As a landlord, you are free to charge whatever amount of security deposit you wish. This isn't to mean, however, that you should overcharge your Colorado tenants, as that can prove to be counterproductive. As a general rule of thumb, charge no more than 2X the rent amount as a security deposit.
Colorado statute defines normal wear and tear as ?deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his household, or their invitees or guests.? Unfortunately, ...
No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit.