Answer Filed Today. Did I screw up? Can I Ammend? (CO)

[ithinkica]

Hello,

I humbly submit to this board for advice. Please. I appeared in court today per my summons and spoke with the plantiff's lawyer, then had to file my answer. Lawyer said there would be another date scheduled to talk again and then, I assume, a trial would be set.

So, I filed my answer and thought all was good and well, but now I am not so sure. I spent this entire past weekend  researching on how to properly answer a summons and I think I just made myself more confused (some said just deny. deny. admit... That answers should be short. That you don't defend yourself in your answer). But now I feel like I didn't state ENOUGH defenses in my answer. And I'm afraid I won't be able to argue those in trail (if it gets to there) because I didn't list them on my answer. Is this the case?

I looked up rules of Civil Procedure in Colorado and it says:

Rule 15. Amended and Supplemental Pleadings
(a) Amendments. A party may amend his pleading once as a matter of course at any time before a responsive pleading is filed or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it any time within 21 days after it is filed.

I read this as I can, but how do I know if the action has not been placed on the trial calendar?

Is the amending of the answer something that needs to be done asap? I have to drive an hour from Denver to CO Springs and I don't think I can make it down there again until Friday.

 

What I'm wanting to defend with, among other things, is the plaintiff's violations of sections under C.R.S title 38 (lanlord/tenant). Lockout, no notice of eviction, etc. (The plantiff claims I breached the lease. The lawyer is a debt collection lawyer but he represents the OC). Lawyer did not seem aware of all the facts of the case because when I said they changed the locks he asked "was it an eviction?" I said no eviction notice was given.

 

My answer only contained these (I thought you only had to state affirmative defenses that you would lose if you didn't on there. Not that I had to state all the defenses I had, basically pleading my case (i realize the irony of that sentence as the answer is a pleading... gah )

First Defense

7. Defendant invokes the Doctrine of Laches.

 

Second Defense

8. Failure to state a claim upon which relief may be granted.

 

Third Defense

9. Insufficiency of service of process.

 

 

Fourth Defense

10. Defendant denies that plaintiff is entitled to judgment in its favor or for any relief whatsoever, including the relief requested in paragraph 4 and of plaintiff’s prayer for relief.  Defendant denies any allegations in the complaint to which it did not specifically respond. Defendant reserves the right to assert any additional and further defenses as may be revealed by discovery or otherwise.

 

 

Thanks so much and apologies for the lengthy post, I'm just so confused. I've been perusing the forum all weekend reading your advice/stories/etc. It's a tremendous resource.

[ithinkica]

Oh and this is in small claims, I believe. The standard from for answer they gave me said "simplified civil procedure". Original amount says it was $3700 with like $1200 extra tacked on for interest/lawyer fees etc.

[CCRP626]

Check Colorado Rules of Civil Procedure for Small Claims Courts. Give the courthouse a call.  If you receive a Summons and Complaint you will be given a Court date.  The Court date must be at least five business days and not more than ten calendar days after you are served with the papers.   If the tenant files an Answer contesting the Eviction, the case will be set for trial.  The trial date may be scheduled within approximately five business days. During this time you can remain in your rental unit. 

If the Defendant filled out the Answer form with a Counterclaim, a new court hearing, about 7 days from the first court hearing, could be scheduled.

Why is the courthouse an hour away? There's also mention that small claims court does not handle evictions (Colorado statutes 13-6-403). I also think in addition to title 38, you'd want to look into title 13 article 40.

Rule 503. Place of Action.

(a)
Where Brought, Generally. All actions in the small claims court shall be brought in the county in which at the time of filing of the claim any of the defendants resides, or is regularly employed, or has an office for the transaction of business, or is a student at an institution of higher education. In an action to enforce restrictive covenants or arising from a security deposit dispute, the action may be brought in the county in which the subject real property is located.

(b)
Consent to venue. If a defendant appears and defends a small claims action on the merits at trial, the defendant agrees to the place of trial.

 

It sounds like you may have counterclaims if you've been locked out but you may want to run this across someone like Colorado Legal Services. Also see if your city/county has its own landlord/tenant law in addition to the state law.

http://www.coloradolegalservices.org/lawhelp/resource/landlords-and-lockouts?ref=6Vwtj

http://www.coloradolegalservices.org/lawhelp/resource/questions-and-answers-about-eviction

https://www.courts.state.co.us/Self_Help/houseevictions/

[ithinkica]

CCRP- thank you so much for the info. I really appreciate it. I'm not being evicted, I'm being sued by a debt collection attorney for the plaintiff who claimed I breached a lease two years ago.

Would you happen to know anything about amendents to answer?

Or, do you know if I NEED to state on my summons answer ALL my defenses? I don't want to shoot myself in the foot. That is what I'm most concerned about. That I didn't bring up landlord tenant violations in my answer so (unless I ammend my answer) I won't be able to use that as a defense if it goes to trial in small claims

[ithinkica]

@shellieh98 I have read many of your posts and it seems like you know so much about law, Colorado in particular. Would you be able to provide any insight as to amending an answer (filed it my first day of summons appearance yesterday) and whether I do need to state all my defenses on my answer in order to bring it up in trial? If  one of my responses to the plaintiffs  claim that I breached the lease is the fact that they locked me out (without notice), do I need to say that on my answer?  Or can I still bring that up in trial even though it isn't on my answer? If you see this, thanks so much

[CCRP626]

@ithinkica rule 12 covers defenses, amend to include all you're using, they're allowed to provide a reply to your affirmative defenses but no reply means they deny them. You mentioned simplified procedure, that's rule 16.1, so I'd look through that for disclosures and other requirements.

Like if I want to plaintiff  claim that I breached the lease with the fact that they locked me out (without notice), do I need to say that on my answer?  Or can I still bring that up in trial even though it isn't on my answer?

Are you hoping to ambush them at trial? Like months after answering on the day of trial you mention for the first time they locked you out?

@shellieh98

[ithinkica]

3 hours ago, CCRP626 said:

@ithinkica

Like if I want to plaintiff  claim that I breached the lease with the fact that they locked me out (without notice), do I need to say that on my answer?  Or can I still bring that up in trial even though it isn't on my answer?

Are you hoping to ambush them at trial? Like months after answering on the day of trial you mention for the first time they locked you out?

Hi,

No, I already told the plantiff's lawyer that they locked us out  (when we sat down yesterday and he said that I owe  so-and-so, and what do I want to do about it). I told him that I have never acknowledged that I owed the debt. I told him that when he sent the first debt collection notice, I asked for validation (because I didn't know what it was for, this was the first time I had heard of any sort of amount being due) and that he sent me an barely legible copy of some charges for rent, cleaning fees, lease breaking fees (which he just shrugged to and said "that's how it came out" as in the copy).  I never received a final statement from the plantiff.

I asked the plantiff's lawyer, how did we breach the lease and he said "Well by not paying rent, being late on rent."  To which I  told him they changed the locks on us and that's why we didn't pay october rent (they claim we violated the lease and then abandoned the property but Septemeber rent was paid and even though I wasn't there most of the time, my ex was and rent was paid).

I was working an hour away at the time and my now ex was living there full time, but I never received any notice of violations nor any eviction notice. I'd only go home on the weekends, though not every weekend (we we're trying to work through stuff so I also stayed with my best friend in the town where I worked). We, of course still had belongings at the property (not much, in the six months I lived full time at the place we only had a mattress a bean bag, clothes, a desk, basics but not much furnishings...we were pretty broke :/ ). Well apparently they threw them out (said my ex, I never went back down there after he told me they changed the locks). I assumed they terminated the lease/kicked us out. And this was October, only a couple months before the lease was going to end so I just accepted it, I mean I was already working in another town so no reason to fight it. But anyway, the lawyer seemed like this was a surprise to him, that he didn't know any of this. He asked me if we were evicted or given notice to evict. I said no.

So I'm not trying to ambush or be shady and the plantiff's lawyer knows. Initially, I just thought that if I said something on my affirmative defense that it meant I had to prove it.  I don't know how to prove that they locked us out? I thought the burden of proof was on the plantiff, but that any defenses I listed on my answer, I would have to prove .

Plus, I thought I only had to list some affirmative defenses, not all my defense. PLUS, their complaint was vague. It just said "Defendant entered lease with Plantiff. Defendant breached lease and is not indebted to plantiff for rent, late charges, etc"

Didn't say how or when breach occurred. No dates. Nothing like that. So I guess I also thought in trial they would tell me those things and I would respond based on what they asked or claimed. Sorry I must sound so dim witted. I've just never been to court and I don't want to do something wrong but this is like all I can think about this past week and I'm so stressed.

[CCRP626]

I'd put all these defenses down in your amended answer. Discovery (check the simplified rules) later on would reveal more detail you need. The problem I see if you just tell the attorney verbally is where is the proof you told him when he's been replaced later on and that new attorney knows nothing about this or if current attorney is still around he doesn't recall the conversation because he handles at least 20 cases a day. In addition the court rules say if they aren't listed you've waived them. You having all these listed gives you a stronger case they may not want to risk taking to trial so they want to settle.

I'd run it across an attorney or maybe someone else will jump in but some things to me sound like a counterclaim like a lockout, where not paying rent because they weren't providing utilities would be a defense. The rules do state when a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.
 

[ithinkica]

Thanks CCRP626

Do you know, can I list my defense in layman's terms on my answer, or does it have to be worded in legal terms?

[CCRP626]

If there's a Colorado statute, mention that as well and if you have caselaw (use Google Scholar) to back your defense, cite the case. Nothing fancy needed, see the California examples making sure it's applicable in Colorado. If your landlord/tenant law has something like violations penalty is two months rent put that kind of detail in the relief prayer request (Rule 8a) before you sign:

http://www.courts.ca.gov/partners/documents/affirmativedefenseattachmentud.doc

http://slologin.com/Answer1c.rtf

This California landlord/tenant bench guide might be helpful to find defenses, just use the appropriate Colorado statute and specifics. http://www.sblawlibrary.org/uploads/7/3/1/1/7311175/bg31.pdf

Nolo info with Colorado statutes. http://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-colorado.html

You mentioned abandoned property. Did you ever get notice? If not, the landlord is supposed to keep that returned and unopened notice. That would be something to ask for during discovery, request for production of documents. https://www.colorado.gov/pacific/sites/default/files/Attachment 10-Landord and Tenant Rights.pdf

[shellieh98]

So you can amend your answer to include any defenses.  You can do it before your first appearance. (don't count the original one where you appeared.)

The problem: Any defense you use, it is up to you to prove.  So do you have anything to prove the defenses your using? Or can you prove it if you were allowed discovery? 

If you amend you should go look up each defense to make sure it applies. ie. doctrine of laches means they took an unreasonable amount of time to sue you, therefore they should not be able to.  Does that apply?  how long ago did they put a lock on the apt? 

Also, there are renters rights in Colorado.  You should look up those, and see what you can do you may be able to file a counter suit.

ie: why did they change your locks?  Were you allowed back onto the property to get your belongings?   You can't breach a contract if they broke it first- but there has to be more to this story.  If you want to share, we can see if you might be able to file a counter suit. 

If there is no back story and they locked you out, then took your possessions, I would consider hiring a lawyer with a big counter suit.  If you just want to get out of the current suit against you, you can fight it.

A few things to know about Colorado--- there is no discovery for suits under 25k.  They are supposed to mail you everything they have against you by a certain date, you mail them everything you have by a certain date, and that is that.  If you need more, you would need to ask the court for permission to conduct discovery, and need a really good reason for it.

This can be both good and bad.  If they didn't send you enough evidence against you, anything else they may have, they can't use if you object.  most fight this way. they tear apart each thing the plaintiff has against them, and it usually tears the plaintiff's case apart if they don't have their ducks in a row. 

Also if you do amend, you could also ask for a change in venue if going to the springs will bring a financial hardship.  If you live in Denver.  I am assuming the apt. you lived in was in Co. Springs, correct?

[ithinkica]

On 8/16/2016 at 8:31 PM, CCRP626 said:

If there's a Colorado statute, mention that as well and if you have caselaw (use Google Scholar) to back your defense, cite the case. Nothing fancy needed, see the California examples making sure it's applicable in Colorado. If your landlord/tenant law has something like violations penalty is two months rent put that kind of detail in the relief prayer request (Rule 8a) before you sign:

http://www.courts.ca.gov/partners/documents/affirmativedefenseattachmentud.doc

http://slologin.com/Answer1c.rtf

This California landlord/tenant bench guide might be helpful to find defenses, just use the appropriate Colorado statute and specifics. http://www.sblawlibrary.org/uploads/7/3/1/1/7311175/bg31.pdf

Nolo info with Colorado statutes. http://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-colorado.html

You mentioned abandoned property. Did you ever get notice? If not, the landlord is supposed to keep that returned and unopened notice. That would be something to ask for during discovery, request for production of documents. https://www.colorado.gov/pacific/sites/default/files/Attachment 10-Landord and Tenant Rights.pdf

Thank you. I will use that Google Scholar and research on all the links you've listed. I really appreciate it

[ithinkica]

On 8/17/2016 at 3:28 PM, shellieh98 said:

So you can amend your answer to include any defenses.  You can do it before your first appearance. (don't count the original one where you appeared.)

The problem: Any defense you use, it is up to you to prove.  So do you have anything to prove the defenses your using? Or can you prove it if you were allowed discovery? So, I have to prove all defenses I use, not just "affirmative ones?" I guess that's what is confusing most to me... Like I thought the burden of proof was on the plantiff in a trial, so if I'm defending myself with something this seems like I have to PROVE why I'm not guilty....

If you amend you should go look up each defense to make sure it applies. ie. doctrine of laches means they took an unreasonable amount of time to sue you, therefore they should not be able to.  Does that apply?  how long ago did they put a lock on the apt? Well in regards to doctrine of laches I was thinking that them locking us out and then not telling me I owed anything for almost two years (until I received the debt collection notice) was unreasonable. They never gave me to opportunity to even pay it in the first place. And now they've tacked on over $500 interest and fees.

Also, there are renters rights in Colorado.  You should look up those, and see what you can do you may be able to file a counter suit. Okay I will, thank you!

ie: why did they change your locks?  Were you allowed back onto the property to get your belongings?   You can't breach a contract if they broke it first- but there has to be more to this story.  If you want to share, we can see if you might be able to file a counter suit. Well I was up in Denver when my ex boyfriend called me and told me they'd changed the locks and we couldn't get back in the property. They claimed we violated the lease and abandoned the property. No, we weren't allowed back onto the property, my ex asked for our stuff and they said they threw it.  They came into the apartment for several inspections. It was a house w/HOA and they didn't like the window curtains we had. They also suspected my ex of growing weed he said (which he did have several plants but he also had a medical card. I know for a fact it was not allowed on our lease though. So I can see why that would be a violation if they caught him, but as far as I know they only suspected it.

If there is no back story and they locked you out, then took your possessions, I would consider hiring a lawyer with a big counter suit.  If you just want to get out of the current suit against you, you can fight it. I just want to get out the suit against me, I don't need to file a counter suit.

A few things to know about Colorado--- there is no discovery for suits under 25k.  They are supposed to mail you everything they have against you by a certain date, you mail them everything you have by a certain date, and that is that.  If you need more, you would need to ask the court for permission to conduct discovery, and need a really good reason for it. Okay, thanks. So I got a letter from the plantiff attorney. I appeared for summons on Aug 15 and they sent out this second letter same day. It is for a "pre trial hearing conference". I can post the image of the letter here but it basically says I have to list witnesses and what they'll say and exhibits. I am suprised though, that this isn't scheduled until NOVEMBER 29,2016. That seems like a long time. Is this just the norm? I can't tell if it's good or bad. On one hand I think I have some time to maybe try to get a lawyer or negotiate something. The other paranoid part of me wonders if they scheduled it that far out to try to build a strong case against me. I also worry they will be adding more and more interest and lawyer fees from now until then

This can be both good and bad.  If they didn't send you enough evidence against you, anything else they may have, they can't use if you object.  most fight this way. they tear apart each thing the plaintiff has against them, and it usually tears the plaintiff's case apart if they don't have their ducks in a row. 

Also if you do amend, you could also ask for a change in venue if going to the springs will bring a financial hardship.  If you live in Denver.  I am assuming the apt. you lived in was in Co. Springs, correct? Yes, it was a house in Fountain, CO.

Thanks so much for your help!  My answers above are in red.

[CCRP626]

23 minutes ago, ithinkica said:

So, I have to prove all defenses I use, not just "affirmative ones?" I guess that's what is confusing most to me... Like I thought the burden of proof was on the plantiff in a trial, so if I'm defending myself with something this seems like I have to PROVE why I'm not guilty....

If you want to post your complaint with personal info blocked out, it might be easier to figure out. If they say something vague in the complaint like Defendant entered a lease with Planitff and did not pay as agreed. You answer with defendant is without knowledge or information sufficient to form a belief to the truth of Plaintiff's 1st claim, that's the same as a denial. They have to prove their case, like provide the lease in question and how you didn't pay. So, you have to answer all their claims. If you don't or you agree, they don't have to prove them.

Affirmative defenses are areas outside of the complaint you add in your defense after all the Plaintiff's claims are answered. You have the burden of proving those, like statute of limitations.

If something doesn't make sense, post back.

[shellieh98]

Are they suing your ex too? was the lease in both your names, or just yours?

1.  Yes you do want a counter suit.  That is the fastest way to make this go away.  If you have a counter suit, most the time they don't want to pursue if they think they might lose the counter suit, it will cost them more. all about economics.

2. I would get a free consult with a lawyer.  If they locked you out with no notice, and you were current on your rent at the time, they threw your belongings away, you have an excellant case against them.  Also lets not forget about any security deposit they did not give back.  They by law have to return your deposit within 30 days unless they send you an itemized bill that shows whey they spent it to bring the apt. back to a rent able condition.  You could be entitled to 3x the amount of your security alone.  You could be entitled to money you had to pay out to find a place to live since they locked you out. You could be entitled to money because they broke the law.  You could be entitled to way more than they would even win.  

3. A lawyer might even take the case on contingent, or a flat rate that would be way less than the amount you could win.  Consult one.

4.  Were you ever served an eviction notice?  They have to give you a 3 day notice before they go to court to try and get the property back.  Where were you when all this happened? 

http://www.coloradohousingconnects.org/eviction.html  http://www.coloradohousingconnects.org/tenantlandlord.html

5.  Here are some more resources.  http://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-colorado.html

6. Some legal help here. http://coloradoaffordablelegal.com/Tenant_Rights.html

 

[ithinkica]

On 8/18/2016 at 11:11 PM, CCRP626 said:

If you want to post your complaint with personal info blocked out, it might be easier to figure out. If they say something vague in the complaint like Defendant entered a lease with Planitff and did not pay as agreed. You answer with defendant is without knowledge or information sufficient to form a belief to the truth of Plaintiff's 1st claim, that's the same as a denial. They have to prove their case, like provide the lease in question and how you didn't pay. So, you have to answer all their claims. If you don't or you agree, they don't have to prove them.

Affirmative defenses are areas outside of the complaint you add in your defense after all the Plaintiff's claims are answered. You have the burden of proving those, like statute of limitations.

If something doesn't make sense, post back.

Hi, yes I can post the complaint here. It was pretty vague. 

http://imgur.com/mWSbSAg

 

http://imgur.com/OjAsgKR

 

http://imgur.com/YM3iiQY

 

http://imgur.com/dax9bBb

[ithinkica]

On 8/19/2016 at 8:04 AM, shellieh98 said:

Are they suing your ex too? was the lease in both your names, or just yours? They are suing both of us, but my ex doesn't care/doesn't want anything to do with it. He said he filed bankruptcy so they can't sue him. And he didn't show up on the summons date, I was the only one there.

1.  Yes you do want a counter suit.  That is the fastest way to make this go away.  If you have a counter suit, most the time they don't want to pursue if they think they might lose the counter suit, it will cost them more. all about economics. Okay, I didn't know that. I thought if I filed a counter suit it would make things more complicated and I'm worried I don't have any evidence/proof.

2. I would get a free consult with a lawyer.  If they locked you out with no notice, and you were current on your rent at the time, they threw your belongings away, you have an excellant case against them.  Also lets not forget about any security deposit they did not give back.  They by law have to return your deposit within 30 days unless they send you an itemized bill that shows whey they spent it to bring the apt. back to a rent able condition.  You could be entitled to 3x the amount of your security alone.  You could be entitled to money you had to pay out to find a place to live since they locked you out. You could be entitled to money because they broke the law.  You could be entitled to way more than they would even win.  Okay, I called April Jones, at the Colorado Affordable Legal  links you gave me, on Friday and left a message so hopefully I'll hear back from her. I will also call a few more lawyers in Denver and see if anyone is willing to do a consult with me. I know time isn't on my side right now. I think I only have 21 days from first filing my answer to file an amended answer without having to file for leave of the court to do so (and I filed my answer on Aug 15). 

3. A lawyer might even take the case on contingent, or a flat rate that would be way less than the amount you could win.  Consult one.

4.  Were you ever served an eviction notice?  They have to give you a 3 day notice before they go to court to try and get the property back.  Where were you when all this happened?  They didn't serve me an eviction notice. I was still living in Denver the majority of the time when this happened (this rental was in Colorado Springs), but when I came to the rental there was nothing posted on the door. My ex said they never gave him anything either, and when he called they said we violated the lease and abandoned the property. I'm just concerned that since I wasn't at the property a lot of the time, that they can just say they didn't need to give me an eviction notice. And they had my email, my phone number, etc. I actually never heard anything from them. I figured since the bills were paid, it was all fine and that they would contact me if there was an issue.

http://www.coloradohousingconnects.org/eviction.html  http://www.coloradohousingconnects.org/tenantlandlord.html

5.  Here are some more resources.  http://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-colorado.html

6. Some legal help here. http://coloradoaffordablelegal.com/Tenant_Rights.html

Thank you for all your help and the links. I really appreciate it.

My answers are in red  Thank you.

[ithinkica]

http://www.coloradohousingconnects.org/eviction.html  http://www.coloradohousingconnects.org/tenantlandlord.html

Regarding this link, ....Do you know, is there a way for me to look to see if an eviction had been filed with the courts?  Like if the landlord did follow some procedure here to evict us, would there be a record of it with the court? I know for a fact that I did not personally receive notice or summons for eviction or anything like that. But I wonder if they mailed it? Or took it off the door before I saw it. I dunno...

[ithinkica]

I also never received security deposit (when I called they said it went to cleaning charges and lease breaking fee). I never received a list of charges. Never received any bill.

[Clydesmom]

15 minutes ago, ithinkica said:

I also never received security deposit (when I called they said it went to cleaning charges and lease breaking fee). I never received a list of charges. Never received any bill.

They don't have to prove you received their letter notifying you of keeping the security deposit and any damages, only that they sent one.

[CCRP626]

4 hours ago, ithinkica said:

Regarding this link, ....Do you know, is there a way for me to look to see if an eviction had been filed with the courts?  Like if the landlord did follow some procedure here to evict us, would there be a record of it with the court? I know for a fact that I did not personally receive notice or summons for eviction or anything like that. But I wonder if they mailed it? Or took it off the door before I saw it. I dunno...

There would be a papertrail. http://www.coloradolegalservices.org/lawhelp/resource/questions-and-answers-about-eviction

Go to the court/court clerk's website and search for cases by the same Plaintiff as your current case and all tenant names on the lease.

[shellieh98]

9 hours ago, ithinkica said:

http://www.coloradohousingconnects.org/eviction.html  http://www.coloradohousingconnects.org/tenantlandlord.html

Regarding this link, ....Do you know, is there a way for me to look to see if an eviction had been filed with the courts?  Like if the landlord did follow some procedure here to evict us, would there be a record of it with the court? I know for a fact that I did not personally receive notice or summons for eviction or anything like that. But I wonder if they mailed it? Or took it off the door before I saw it. I dunno...

Colorado is stupid, we don't have accesses to online dockets like most states do.  We have to pay a 3 rd party site to do a search. It is easier if you go to that county court and ask the clerk to search your name, and your EAS name

[shellieh98]

Ex's not EAS LOL

[shellieh98]

And no no, they had to send you and itemized statement on what they used the security deposit for.  I tell my parents who have rentals to make sure and send out that statement.  They think if the tenant moves out in the middle of the night and breaks the lease they can keep the deposit. ( California you can) colorado is different. Even if you owe them  5 thousand in back rent, they have to give back the security unless it was used for damages, and they sent a statement by 60 days.  No keeping it for unpaid rent or breaking leases, common misconception here.

[CCRP626]

The Colorado rules for abandoned property and security deposit notification should both apply here. Abandoned requires certified mail, security deposit is regular mail.