Security Deposit Postmark Date or Delivered Date for 60 day refund

[cta918]

So just yesterday, the 60 day mark passed on my previous lease. I haven't received an itemized bill or a check from the landlord. I want to send a demand letter, but I am curious if the check shows up tomorrow will they have satisfied the 60 day with an envelope postmarked within the 60 days?? Just curious if it's the postmark date or delivery date that would hold up in small claims court.

Thanks!!

 

[army judge]

Here you go, cta18, read ALL about it.
The way I read the statute, it's 30 or 60 calendar days.
It appears today is day60 for you.
I'd wait another week, but that's how I operate.
Just so you know, only a court can ensure he's ordered to pay, if you prevail in court.
The court can't make him pay. That's what you have to do, if you prevail.

That's the hardest part, collecting or enforcing the judgment.
If it doesn't arrive soon, or if he held back $500, you still must chase your tail.




http://www.coloradolegalservices.org/lawhelp/resource/information-for-renters-security-deposits

 

[mightymoose]

Why not start with a simple phone call?

 

[Gail_in_Georgia]

It's the postmarked date. Once the letter is put in the mail, the landlord/management has no control over when the former tenant will actually receive it.

Gail

 

[cta918]

I had already talked with the landlord over the phone multiple times during the 60 day period. I gave them multiple opportunities to send me the refund. On the 61st day, I decided to stop by their office and talk in person. The manager said that she would mail me my refund just after our conversation on the 61st day. I stood firm in my belief that she had not satisfied the 60 day period. She claims that Memorial Day doesn't count and it subtracts a day from the 61 to make 60. In the Colorado law, I didn't see anything about banking days or working days. It merely says "60 days". Am I still justified to demand my full deposit??

The statute I am referencing is CO 38-12-103

 

[army judge]

I had already talked with the landlord over the phone multiple times during the 60 day period. I gave them multiple opportunities to send me the refund. On the 61st day, I decided to stop by their office and talk in person. The manager said that she would mail me my refund just after our conversation on the 61st day. I stood firm in my belief that she had not satisfied the 60 day period. She claims that Memorial Day doesn't count and it subtracts a day from the 61 to make 60. In the Colorado law, I didn't see anything about banking days or working days. It merely says "60 days". Am I still justified to demand my full deposit??

The statute I am referencing is CO 38-12-103

That is a decision you will have to make alone.
If she disagrees, then you'll have to take them to small claims and argue your point before a judge.
I'd say you are correct, but you still don't have the check.
I've found its always better to negotiate, than litigate.
Your call, OP, your call.

 

[mightymoose]

If the check arrives it will be far easier to cash the check and forget about it. It does not seem like a battle worth fighting, and if you receive the check you don't have much else to gain.

 

[cta918]

If the check arrives it will be far easier to cash the check and forget about it. It does not seem like a battle worth fighting, and if you receive the check you don't have much else to gain.

I understand, but a few years ago I was in this same type of situation with a different landlord. It is the principle that it is MY money. It would be a hassle and it seems like a battle not worth fighting, but thats exactly what these landlords count on. They want me to just cave in and take whatever they give me back.

 

[Gail_in_Georgia]

So what will you do if you get your full deposit back a couple of days from now?

Gail

 

[cta918]

So what will you do if you get your full deposit back a couple of days from now?

Gail

I won't have to send the demand letter. I'll call them up and thank them for returning my deposit.