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

UPDATED: Feb 14, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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