Mishkin v. Young

107 P.3d 393 (2005)

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Mishkin v. Young

Colorado Supreme Court
107 P.3d 393 (2005)

Facts

Dean Young (plaintiff) rented a property from Marc Mishkin (defendant). Young paid Mishkin a security deposit of $1,625. The lease stated that Mishkin would return or account for the security deposit within 45 days after Young vacated the property. During the course of the 45-day period, Mishkin failed to return or account for the security deposit. Subsequently, Young sent Mishkin a notice. The notice stated that in seven days, Young would file suit against Mishkin for treble damages. Within the seven days, Mishkin accounted for $1,574.60 worth of property damage. Mishkin thus retained $1,574.60 of the security deposit and returned the remaining $50.40 to Young within the seven days. Young brought suit, seeking treble damages under Colorado’s Wrongful Withholding of Security Deposits Act. The trial court held that treble damages were not available to Young. The appellate court reversed and awarded Young $4,723.80 in treble damages. Mishkin appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Martinez, J.)

Concurrence/Dissent (Kourlis, J.)

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