Security Deposit held for "Common Courtesy"?

[rubyrhea]

What is the name of your state? Colorado
I just need some reassurance and advice.
My lease states that no notice needs to be given when moving out-- only if deciding to stay month to month, then a written contract needs to be signed. So, I was out by midnight on the last day of my lease, as per the lease states, as I decided not to stay longer.
My landlord never gave any notice as to why he was keeping my security deposit. It has now been 90 days. As my lease and Colorado law states, if no notice is given as to why the deposit is being held then the landlord forfeits any right to deposit. After the 30 days, when contacted about the deposit, landlord stated he was keeping it out of common courtesy because I gave no notice when leaving, even thought his lease specifically states that no notice needs to be given. Now, he's trying to bargain with me to try and prorate the total deposit by taking a week off.
Am I missing something? Should I just take the deal or continue this further?

 

[Who's Liable?]

Up to you. You can argue in a court of law that your lease specifically states no notice given.

 

[HomeGuru]

What is the name of your state? Colorado
I just need some reassurance and advice.
My lease states that no notice needs to be given when moving out-- only if deciding to stay month to month, then a written contract needs to be signed. So, I was out by midnight on the last day of my lease, as per the lease states, as I decided not to stay longer.
My landlord never gave any notice as to why he was keeping my security deposit. It has now been 90 days. As my lease and Colorado law states, if no notice is given as to why the deposit is being held then the landlord forfeits any right to deposit. After the 30 days, when contacted about the deposit, landlord stated he was keeping it out of common courtesy because I gave no notice when leaving, even thought his lease specifically states that no notice needs to be given. Now, he's trying to bargain with me to try and prorate the total deposit by taking a week off.
Am I missing something? Should I just take the deal or continue this further?

**A: sue this LL for your entire deposit. CO state L/T law has not provision titled common courtesy damage statute as a remedy.

 

[PenelopeWaters]

It could be worth it to pursue further

I don't know about CO, but in OH, if a court finds for the tenant about a wrongfully withheld security deposit, LL pays double the deposit plus attorney's fees. Might be worth it to check what CO law is on this. The only way out for the LL is if they don't have a forwarding address to send it to, in writing.
You did say where to send it, right?

 

[rubyrhea]

Yes. Left notes and countless message on his voice mail. I sent a demand letter and the deposit comes due tomorrow. Hopefully there will be a check waiting for me when I get home. If not, it's time to ascertain the correct avenue of filing a lawsuit of sorts. Is small claims court the correct route?
In the midst of all of this, Landlord is trying to negotiate. He wants to prorate the deposit because I gave no notice and verbally agreed to stay month to month when the lease ran out. First of all, I (again!) quoted HIS lease that states that there is no need for notice upon moving out and a written agreement is needed to go month to month thereafter. Besides, I only said that I would THINK about staying. With all of his negotiating, it makes me think that maybe he understands that he is wrong in this matter.
Thank you for all of your replies. If you have any other advice on how to proceed, it would be much appreciated.