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My landlord is holding my entire deposit even after we did a walk through together and they verbally and in text said I would receive my deposit back. Can they keep the deposit after verbal and written confirmation?
Oct 16, 2024
Eviction & Landlord
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

In Colorado, if your landlord gave you verbal and written confirmation that you would receive your security deposit back after a walk-through, they generally cannot keep it unless there is a valid legal reason. According to Colorado security deposit laws, a landlord is required to return the deposit within one month (or up to 60 days if allowed by the lease). If they choose to withhold any portion of the deposit, they must provide an itemized statement explaining why.

If your landlord fails to return the deposit or provide this itemized statement within the required time frame, they forfeit their right to retain any portion of the deposit and may be liable for damages, including up to three times the deposit amount and attorney’s fees.

Since you have written confirmation, the landlord would likely be in violation of these regulations if they do not follow through. You may be able to recover the deposit and pursue additional legal remedies if necessary.

For more information, read our article "Colorado Security Deposit Law: What Every Landlord Should Know." Although you are not the landlord in the case, the article will provide valuable information on the landlord's responsibilities.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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