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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Security Deposit Return After Subletting Apartment

    My question involves a security deposit in the State of: Colorado.

    I sublet my apartment starting Oct. 1 2008, and was to end March 31, 2009. I tried to contact the person that sublet from me to discuss me doing a walk through of the apartment when they moved out so I knew if there were any damages, and could clean if I needed to, so that I could attempt to get my deposit back, as it was a large amount to me. I was informed that the person who sublet from me, decided to stay (even though I was told that she would be moving out of state at the end of the sublet lease), and that my deposit was carried over to be used in her new lease. In retrospect I should have made her pay me the deposit then, but I was not in a hurry and thought waiting 6 months would be no problem. What my landlord told me and what is reality are two very different things. I already had an attorney write a letter to the landlord, as I called everyday for 2 weeks with no call back, and the attorney got very little success as well. He was able to talk to someone (who claimed to be an attorney although it is clear that they are at least a non-practicing attorney), and wrote a very short bit in a fax which included the section of subleasing... Their note said that myself and the person that sublet from me were "roommates" until I moved out, and that "the security deposit is not yet due to either roommate since the term of the lease is still in effect." How is this true if THAT lease is up, and a NEW one has been created? I do understand that in the sublet agreement it says that the lessor does not pay me any deposit back, but at the END of the lease, wouldn't that responsibility still be there and not given to the person that sublet from me??

    Please help! Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Security Deposit Return After Subletting Apartment

    I can't read the lease from where I'm sitting, or any of the correspondence. I suggest you have your lawyer review them for you. Beyond that, if your landlord owes you a security deposit refund and won't pay you, consider small claims court.

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