Security Deposit Return

[Bob Booth]

I failed to return a tenants SD within 60 days. Because of this I refunded his entire SD. Can I now sue him anyways for what I would have deducted? 

[Kevin Sobilo]

@Bob Booth, it looks like you can based on this resource. Look at the section called:

"What do I do if my landlord does not give me back my security deposit?"

https://www.coloradolegalservices.org/node/341/tenant-rights...

That said, you need to consider whether its worth the time, effort, and expense when there is no certainty of being paid. Having a deposit in hand guarantees being paid but suing in small claims court even if you win probably means you will get paid LESS than 50% of the time in most states. The courts do nothing to make sure you get paid, only determine who owes who. 

[Nathan Gesner]

Quote from @Bob Booth:

I failed to return a tenants SD within 60 days. Because of this I refunded his entire SD. Can I now sue him anyways for what I would have deducted? 

Yes, you can still take them to small claims court. I would only do it if the amount were worth the trouble and I had strong documentation to prove my case.

[Bob Booth]

Would they enact triple damages from me to him on his SD to offset what I'm asking for given this matter is now in court? 

[Kevin Sobilo]

Quote from @Bob Booth:

Would they enact triple damages from me to him on his SD to offset what I'm asking for given this matter is now in court? 

No clue, my guess would be no since they have accepted the return of the deposit, but check with a real estate lawyer in your state because I'm just guessing here.

[Bob Booth]

I don't see what is point of 60 day rule. If Landlord can just never return the SD. Give it back whenever they want then immediately sue afterwards. 

[Kevin Sobilo]

Quote from @Bob Booth:

I don't see what is point of 60 day rule. If Landlord can just never return the SD. Give it back whenever they want then immediately sue afterwards. 

I don't understand your confusion at all.

MANY landlords just don't return the deposit at all! So, there is a set time so that tenants can sue to get it back plus additional damages.

Even if a landlord returns a deposit promptly, damage may not be apparent or known at that time. So, that suing after the return of the deposit is possible although probably not common. 

[Bob Booth]

But they aren't really getting it back if Landlord is just going immediately sue them for damages. 

[Kevin Sobilo]

@Bob Booth, yes they are for a couple reasons:

1. The landlord may lose the lawsuit suing them for damages.

2. If the landlord does win the lawsuit for damages, the tenant may simply not pay it. That happens ALL THE TIME. The average tenant is very difficult to collect from depending on your state's laws. The court doesn't force the tenant to pay the judgement. The landlord needs to do the legwork and pay the costs associated with forcing collection of the judgement debt.

[Nathan Gesner]

I agree with Kevin. Suing someone is not a guarantee of success. In fact, the judge may be far more lenient to the tenant.

I never charge something against a deposit unless I have visual proof (pictures, video, documents) to back my claim. If I can't 100% prove my case, I avoid court like the plague.

[Gil Wildridge]

I mean you could sue, I don't know if I would. It's a financial and time cost, it's a distraction. If you have the evidence that there's real damage to the unit you didn't see before you returned the deposit, try contacting the former tenant first with said evidence to work it out. If they really did damage something and you have hard evidence, they might want to avoid court and just pay you. For a judge to take your side, you'd probably need to have demonstrated both that you have hard evidence and that you acted reasonably, trying to reach out to the former tenant first, anyways.