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Suing for Security deposit

r/

Location: Colorado

Hi!

I’m suing my apartment complex for failing to refund my security deposit within the specificed 60 days (it’s been 71) and it has already exceeded the one week since I’ve provided a demand letter. I’m in the process of filling out a jdf 250. When it comes to these documents, for the amount that I’m claiming that the defendant owes, would that be the official amount of my security deposit or the amount I’m asking for and since I’ve never sued someone, how do I justify damages or the higher amount? The receipt wasn’t specified that it would be online and was posted without any notice to my last account. The receipt does not match the amount it claimed I was going to get refunded. I simply transferred units at the same complex but my last deposit was a lot higher. I have my documentation of being in good standing and a copy of the lease and records of me attempting to communicate multiple times about the deposit.

Comments

  1. RandyFunRuiner Avatar
    RandyFunRuiner

    If I understand you correctly:

    • you switched units in your apartment complex.
    • the previous unit had a higher security deposit than your current unit.
    • the apartment management has not returned the difference in the deposit within a statutory 60 day period.
    • you’re wanting to know if you can sue for the entire deposit or only for the difference between the two.

    Is that a correct understanding? I’ve been in that situation before, had to talk to a lawyer, and sued my former property manager, successfully. I’ll share what I learned from my experience.

    If so:

    • you are probably right to sue them. Typically localities require landlord to either return your security deposit OR provide you with a receipt of expenses they took from the security deposit within 60 or 90ish days.
    • you are entitled by law to the amount you are owed.
      • so, if you paid a deposit of $1000 in your first unit. Your second unit has a deposit of $600. You’d only be entitled to the $400 difference.
    • BUT, your locality may have specific regulations that penalize landlords for late returns on things like security deposits. Where I lived, there was a statute that allowed tenants to sue for treble damages after 60 days of not being informed of an outstanding issue that the landlord used the security deposit for or not having the security deposit returned. So I got to sue my landlord/property manager for treble damages (3x the amount owed). My local legal aid attorney also said that I could add in the filing expense ($70ish or so filing fee), plus some additional expenses I had paid that my landlord hadn’t done when I moved in. It was a new renovation and they didn’t have a fire extinguisher or smoke/carbon monoxide alarms, so I bought those the first few days living there and my landlord never reimbursed me. I filed the suit, had to wait 2 weeks or so for the court to officially serve the respondent parties. My landlord responded as not responsible. But the property manager sent a check for the full amount of the treble charges I sued for – to the penny. After cashing the check and waiting a few days to ensure the funds transferred in full, I contacted the court that the other parties resolved the payment before the court date and the court dismissed the case with prejudice.

    So I guess technically, I settled out of court, I didn’t win the case. But I would have. I had documentation of my actual security deposit paperwork, the walkthrough/turnover receipt showing that there were no damages to the unit that I was responsible for, so no reason to hold my deposit, and documentation of repeated attempts to contact the landlord & property manager about the deposit and their dismissive responses. Luckily for me, the 60 day requirement and the treble charges were a matter of statute, so there was no argument possible from their side about the wording of the lease or the timeframe in the lease (cause my lease didn’t specify).

    If your locality’s statutes are similar, this should be cut and dry. See if you can find a legal aid attorney who specifies in real estate/tenant advocacy. Your locality’s statutes library might be the first place you want to ask around.