If landlord does not want to give me the deposit back, can I take him to court for that?

Get Legal Help Today

 Secured with SHA-256 Encryption

If landlord does not want to give me the deposit back, can I take him to court for that?

When I moved we cleaned the house and at the time of turning in keys they sent someone from their company to take pictures. So we assumed that was enough proof, however, now we have been e-mailing with the company and some of the arguments they have are contradicting. I don’t what to do to get my deposit back as the last e-mail they send said if you do not have proof we are not giving you antthing back.

Asked on February 14, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, if you believe the landlord has wrongfully withheld your deposit--that is, that there was no damage which you would be responsible for paying for--you can sue the landlord to seek its return. You would need to prove by a preponderance of the evidence that there was no damage; you could use testimony and pictures/photos (if any).  For smaller amounts, you should probably sue in small claims court, where you can act as your own attorney and where filing fees are lower.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption