Security Deposit vs Charges

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jadederea

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Lease states they need to send itemized deductions in 60 days.

Letter postmarked on 61 days. They said I had $400+ in security deposits but damages (carpet) was $1000+. I replied with a letter demanding my security deposit or I would file for treble damages in small claims court. They called me and said they would send a check for $400+ but they would send me a bill for damages. I am trying to see if them breaking the contract and violating the laws below release me of liability:

http://www.tenant.net/Other_Areas/Colorado/crs/103.html
 
Looks like it does release you unless you were notified when you "surrendered" the apartment that the carpet was damaged. When you left did they do a walk through and release you, accepting the apartment?
(2) The failure of a landlord to provide a written statement within the required time specified in subsection (1) of this section shall work a forfeiture of all his rights to withhold any portion of the security deposit under this section.
 
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