- Jurisdiction
- Colorado
I have not been refunded security deposits after tenancy of rented storage units.
In Short:
I rented 2 storage units from one facilities. I provided proper notice of intent to terminate my rentals in accordance with my rental agreement. I received acknowledgment of my intent to terminate and termination date Dec 31st 2021.
The storage units were completely cleared, cleaned and left unlocked before end of lease. I informed facilities that I had cleared and vacated the units and requested a reply to confirm the units were returned in acceptable order. It appears that I was in compliance with all move-out and lease termination requirements.
My rental payments were always up-to-date with automatic credit card payments conducted by the facilities.
I provided current contact information with request that my security deposits be returned.
After some time I followed-up with messages informing facilities that the security deposit had not been returned, but to date there has neither been a return of the security deposit, nor a message to inform of why I would not be eligible for return of any portion of the security deposit. I expected my deposit returned no later than March 1st 2022.
It seems at this point I can only expect to recover my security deposit through a court judgement or threat of lawsuit.
I reference Colorado State Statutes Property Real and Personal.
C.R.S. 38-12-103 (1) (2022) : This statute indicates that the landlord must return security deposit or landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit within 60 days.
C.R.S. 38-12-103 (3)(a) (2022): This statute indicates the landlord is liable for treble the amount of the security deposit wrongfully withheld, together with reasonable attorney fees and court costs.
MY QUESTIONS:
1. Do the Colorado State Statutes above apply for storage unit rentals? It seems they are intended for Colorado's Security Deposit Law in general, but I would like to be sure.
2. Should I make reference to the statutes in my letter to be sent to the facilities in demand that the deposit be refunded?
3. Should I include in the demand letter wording of the statute that states the landlord is liable for 3 times the amount of unreturned security deposit?
4. Should I state that I intend to seek damages for 3 times the amount of the security deposit through court proceedings should the full amount of security deposit not be provided within 14 days?
5. Are there standards for how the demand letter should be written, and contents?
6. What detail should I attach to the demand letter?
Any opinion or suggestions are much appreciated. Thanks!
In Short:
I rented 2 storage units from one facilities. I provided proper notice of intent to terminate my rentals in accordance with my rental agreement. I received acknowledgment of my intent to terminate and termination date Dec 31st 2021.
The storage units were completely cleared, cleaned and left unlocked before end of lease. I informed facilities that I had cleared and vacated the units and requested a reply to confirm the units were returned in acceptable order. It appears that I was in compliance with all move-out and lease termination requirements.
My rental payments were always up-to-date with automatic credit card payments conducted by the facilities.
I provided current contact information with request that my security deposits be returned.
After some time I followed-up with messages informing facilities that the security deposit had not been returned, but to date there has neither been a return of the security deposit, nor a message to inform of why I would not be eligible for return of any portion of the security deposit. I expected my deposit returned no later than March 1st 2022.
It seems at this point I can only expect to recover my security deposit through a court judgement or threat of lawsuit.
I reference Colorado State Statutes Property Real and Personal.
C.R.S. 38-12-103 (1) (2022) : This statute indicates that the landlord must return security deposit or landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit within 60 days.
C.R.S. 38-12-103 (3)(a) (2022): This statute indicates the landlord is liable for treble the amount of the security deposit wrongfully withheld, together with reasonable attorney fees and court costs.
MY QUESTIONS:
1. Do the Colorado State Statutes above apply for storage unit rentals? It seems they are intended for Colorado's Security Deposit Law in general, but I would like to be sure.
2. Should I make reference to the statutes in my letter to be sent to the facilities in demand that the deposit be refunded?
3. Should I include in the demand letter wording of the statute that states the landlord is liable for 3 times the amount of unreturned security deposit?
4. Should I state that I intend to seek damages for 3 times the amount of the security deposit through court proceedings should the full amount of security deposit not be provided within 14 days?
5. Are there standards for how the demand letter should be written, and contents?
6. What detail should I attach to the demand letter?
Any opinion or suggestions are much appreciated. Thanks!
