I sent a certified letter and first class letter to my x landlady requesting the return of the remainder of my security deposit pursuant to CO statute 38-12-103. The address was a PO Box. She responded with a letter in return, but no check. That was in response to my first class letter, since the certified was returned to me this week undeliverable. Since she clearly responded to my letter, is this sufficient to pursue small claims court, (proof of receipot) or do I need to send the letter certified to my last known home address of hers and then wait 7 days?
Tiina,
Damage deposits in CO are a big deal, as I'm sure you have seen by reading the statute.
She has responded so she has notice.
My question to you is, since the statute allows for recovery of treble damages and attorney's fees, why would you take this matter to small claims court rather than hiring an attorney to handle it for you?
I represent tenants like you whose former landlord has not complied with the itemized statement of damages or return of the security deposit. Call me, I offer a free consultation where we can review the facts of your case.
Don Eby
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