Chapter 1 - FORM 1-30 : NOTICE TO LANDLORD OF INTENT TO BRING SUIT

• Jurisdiction: Colorado

Form 1-30: Notice to Landlord of Intent to Bring Suit

[date]

VIA CERTIFIED MAIL

[landlord's name]
[landlord's address]

Re: [address of rental property]
Dear [landlord's name]:

Please be advised that the undersigned attorney represents [tenant's name]. [Tenant's name] is in receipt of [if applicable, insert: your partial refund of the security deposit on the above-referenced rental property and] your explanation of the amounts withheld. If we are unable to promptly resolve this matter by mutual agreement, this letter will serve as Notice pursuant to C.R.S. § 38-12-103(3)(a) that in seven (7) days we will be filing an action against you on behalf of [tenant's name] seeking treble damages and reasonable attorney fees as provided for under Colorado law. You have wrongfully withheld $___ of the [tenant'sname]'s security deposit.

My hope in explaining my position below is so that you, or your counsel, can appreciate the relative merits of our respective cases and better evaluate your position with the hope of avoiding litigation. However, please recognize that if I am forced to take steps to file an action and serve you with process to recover our money, there will be no further efforts or opportunity to settle this matter in lieu of litigation.

With regard to your withholding of $___ for [reasons given by landlord] of the security deposit for the [address of rental property] (the "Property"), your withholding is wrongful and without merit. Given that you will bear the burden of proof at trial, a burden you cannot meet under these facts, I am confident that [tenant's name] will prevail as to the amounts withheld for alleged [alleged damage or other reasons given by landlord]. See C.R.S. § 38-12-103(3)(b) ("In any court action brought by a tenant under this section, the landlord shall bear the burden of proving that his withholding of the security deposit or any portion of it was not wrongful.").

With regard to your withholding ($___) for [reasons given by landlord, such as: damage to the carpeting], your withholding is wrongful. [Describe in detail why the withholding was unjustified, such as: Any stains in the...