Colorado - Security Deposit Law

D

doubleup29

New Member
Jurisdiction
Colorado
Hey all,
I have a question regarding tenant law. I've read Colorado statutes regarding security deposit.

1. Property located in Adams County Colorado,
2. Property management company is located in New Mexico

I filed a small claims court date request with the courts and they returned it stating I can't sue a company that isn't located in Adams County through their courts. If the property is located in this county, where do I file? Doesn't make sense to sue them in NM when tenant law would apply to Colorado, not NM.
 
doubleup29 said:
1728431174613.pngI filed a small claims court date request with the courts and they returned it stating I can't sue a company that isn't located in Adams County through their courts.
Click to expand...

Your remedy does exist using a higher level Colorado court.

I suspect that'll be a district court in the county where the property in question rests.

1728431174613.png
 
"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."


I suggest you print a copy of this and take it to the court clerk's office and ask that your papers be filed.
 
Is Small Claims Court Right for You?

Can you get what you want?

The Small Claims Court is a "court of limited jurisdiction." This means that the court cannot award more than $7,500, even if your claim is worth more. You will have to waive your right to the amount that exceeds
$7,500, or you will have to bring your claim in a different court. You may also be entitled to recover your filing
fee, service of process fee and interest.

In addition, the Small Claims Court can only handle certain kinds of claims. Basically, these are simple cases to recover money or property, perform a contract, set aside a contract, or comply with restrictive covenants.

For example, a dispute between a landlord and tenant over the return of a security deposit can properly be
brought in Small Claims Court. So can a case involving a car accident, where insurance did not cover the
damages to a car.

You cannot have a jury trial in Small Claims Court. Under Colorado Revised Statute (C.R.S.) § 13-6-405(4),
all claims are heard by a Magistrate, unless one of the parties timely requests that a Judge hear the case or
unless that particular court location does not have a Magistrate. The Small Claims Court cannot hear cases
of libel or slander, eviction, traffic violations, or criminal matters.

For a full list of prohibited claims, see C.R.S.
§ 13-6-403.

There are some things the Small Claims Magistrate (or Judge) cannot do, even if you win. The Magistrate
cannot order someone to stop calling you at 3 a.m. in the morning or saying bad things about you in public. If
you need help of this kind, then you should not be in Small Claims Court.

Who can you sue in Small Claims Court?
The party you are suing in Small Claims Court must meet one of the following qualifications to be sued in
the County in which the Small Claims Court is located: The Defendant must either: (1) live in the County; (2)
be a full- time student in the County; (3) be regularly employed in the County; (4) have a regular place of
business in the County; or (5) be the Landlord in a claim concerning a security deposit paid by the Plaintiff to
rent property located in the County. If the Defendant does not meet one of these qualifications, you cannot
use the Small Claims Court in that County, but a different court either in the same County or in a different County may have jurisdiction to hear your case.

Can you get organized? Can you think on your feet?
If you take your case to Small Claims Court, you have to be able to tell the Magistrate your story so that he
or she understands why you are entitled to prevail in your case.

You also have to be able to answer questions from the Magistrate or the other side. Before you go to Small Claims Court, you will need to gather evidence to present your claim, like a contract, pictures, or a set of bills.

Can you speak in public? If you go to Small Claims Court, you will have to make a public presentation with
people watching you.

Can you think and speak when you are feeling stressed? You will have to try and remain calm even with your opponent there, who you may think is lying about you and the situation.

If you cannot do this, you should not be in Small Claims Court.

https://www.coloradojudicial.gov/sites/default/files/2023-07/JDF248.pdf

https://www.courts.state.co.us/userfiles/file/Self_Help/smallclaimshandbook finaltocourt 4-11.pdf
 
doubleup29 said:
Thanks for your response. I think the clerk saw their address in NM and may have been misinformed. I plan on calling tomorrow, just wanted to make sure I wasn't wrong in filing.
Click to expand...

Never rely on phone calls to bureaucrats.

Go to the court and make sure your case gets filed and date stamped so you can get it served.

By the way, have you included the property owner as a defendant?

The property management company is only the agent for the owner. The owner bears the ultimate responsibility for alleged wrong.
 
By the way that chart (which I've included below for clarity) is a bit misleading. It makes it appear that all trial court decisions except those from Denver probate court (and Denver County is the only county in the state that has a separate probate court) go directly to the Colorado Supreme Court. That is not the case. Most appeals must first go through the Court of Appeals. There are some types of appeals that may be brought directly to the Supreme Court from the trial court, but those cases are relatively few.
1728499698810.png
 

Share this page

Get a free case review from a lawyer
Back
Top