WHAT IS THE DEAL WITH SECURITY DEPOSITS IN COLORADO?
Security Deposits are covered by Sections 38-12-101 to 38-12-103 of the Colorado Revised Statutes. A security deposit is given by the Tenant to secure the performance of the lease. A landlord cannot keep a security deposit to cover normal and usual wear and tear to the property. Normally a landlord cannot charge for wear and tear expenses such as cleaning the carpet, but such can be charged for if the payment of carpet cleaning is in the lease contract. This exception to the wear and tear rule is because it is a contractual obligation of the parties and specifically agreed to by the tenant. When a Tenant terminates the lease the landlord cannot hold the deposit for more than 30 days (60 days if agreed to in the lease). If the Landlord improperly holds the security deposit and it is contested by the Tenant the landlord could be held responsible for treble the amount of the security deposit, attorney fees and court costs incurred by the Tenant.
HOW LONG DOES AN EVICTION TAKE?
An Example: **
April 1: Rent due and not paid
April 2: The landlord serves the 3 day notice demanding payment within 3 days
April 6: Rent still not paid—Landlord files complaint and returns date set for
April 8: Tenant is served with the Complaint, answer form and Summons
April 16: Tenant does not appear at Court date. Judgment for possession is entered
And since the Tenant was served with the Complaint the judge enters
Judgment for the past due rent as well. .
April 19: Writ of restitution enters 48 hours after entry of the judgment
April 20: Sheriff serves the Tenant with the writ of restitution and Sheriff supervises the
**Best case time frame. Expect additional 10 to 14 days due to weekends/legal holidays that cannot be counted in the required time frames. Delays in setting an appointment to have the Sheriff supervise the move out with the movers that are hired by you.