Property damage lawsuit?

[Itamann]

Hey there, we live in Denver, Colorado.
So here is my problem, our former landlord is threatening to take us to court over $2330 in property damages. Per our lease agreement he had 60 days to send us paper work of the damage, to support his claims and then we would pay for them. After he took the entirety of out down deposite, he then sent us a text on day 59, four hours before midnight, stating that he wanted $2330 more, but gave us no paperwork or presented us with evidence to support his claim. It is now day 64, and he texted us "he will see us in court, if we do not pay." Should we be concerned about this? Or is this possibly a scam?

 

[adjusterjack]

Read the statute. Text doesn't count. It has to be mailed "with a written statement listing the exact reasons for the retention of any portion of the security deposit."

https://law.justia.com/codes/colorado/2017/title-38/tenants-and-landlords/article-12/part-1/section-38-12-103/

Looks like he has forfeited the right to the security deposit and has given you the opportunity to sue him for three times the amount of the security deposit.

Note that you have to give him 7 days notice before filing your lawsuit.

Colorado small claims limit is $7500.

If I were you I would send him a letter with a copy of the statute, a demand for the return of your full deposit, along with a completed but not filed small claims complaint for triple the amount of the deposit, and that you will sue if he doesn't pay within the 7 days. Be prepared to follow through with the lawsuit. If you bluff, you're done.

Small claims info is at:

https://www.courts.state.co.us/Self_Help/smallclaims/