MISHKIN v. YOUNG

No. 03SC848.

107 P.3d 393 (2005)

Marc P. MISHKIN, Petitioner, v. Dean YOUNG, Respondent.

Supreme Court of Colorado, En Banc.

February 28, 2005.


Attorney(s) appearing for the Case

Fasing Law Firm, P.C., Gregory J. Fasing, Denver, for Petitioner.

Dean D. Young, Pro Se, Denver, for Respondent.

Colorado Legal Services, Manuel A. Ramos, David Bye, Jenifer Knight, Denver, Amicus Curiae for Colorado Legal Services.

Student Legal Services, Colorado State University, Kevin Daley, Kimi Jackson, Fort Collins, Amicus Curiae for Student Legal Services, Colorado State University.

University of Colorado Student Legal Services, Ned Jaeckle, Boulder, Amicus Curiae for University of Colorado Student Legal Services.


MARTINEZ, Justice.

In this landlord-tenant action, we consider whether section 38-12-103(3)(a), C.R.S. (2004), permits a landlord to avoid treble damages by accounting for the retention of a security deposit within seven days following a tenant's notice of intent to commence legal proceedings. We hold that a landlord may not avoid treble damages by accounting for the retention of a security deposit during the seven-day period...

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