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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 11 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.


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