If I can’t move into a rental due to the illness of a family member, can I get my security deposit returned?

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If I can’t move into a rental due to the illness of a family member, can I get my security deposit returned?

I have a question I was suppose to move into these apartment and I gave them a deposit because they said it wouldn’t be available until two week so I gave them a deposit. Well in the mean time my mom has become ill and I need to go take care of her so I’ve been trying to contact them and got no reply. Finally today I called again and finally someone returned my call and I asked them about my deposit and could I get it back and they said no is there anything I could do about this matter because I don’t think its right that they keep my deposit.

Asked on September 10, 2010 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It is my understanding that in Colorado landlords can indeed make deposits "non-refundable" for rentals.  However, you gave not a rental deposit but a security deposit, which a very different animal.  Security deposits are meant to cover damage to the apartment that is caused by you during you tenancy.  Every state has laws under their landlord tenant sections regarding the return of the deposits and Colorado is no exception.  Here, you never signed a lease and never took possession, correct?  Then you could not have caused damage to the apartment and I would take the position that it can not be held by the landlord.  Write them a letter stating this in firm terms and demand return of the security or tell them that you will be going to take them to court.  Good luck.


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