Legal Opinion

Mishkin v. Young

Supreme Court of Colorado

Decided February 28, 2005No. 03SC848PublishedCited by 18 opinions

1Opinion of the Court

*395MARTINEZ, 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 established by section 38-12 — 103(3)(a). The judgment of the district court is affirmed.

I. Facts and Proceedings Below

The relevant facts are not in dispute. On…

2Cases cited11 opinions

  1. State v. NietoSupreme Court of Colorado · 2000
  2. People v. LutherSupreme Court of Colorado · 2002
  3. People v. CooperSupreme Court of Colorado · 2001
  4. Lobato v. Industrial Claim Appeals OfficeSupreme Court of Colorado · 2005
  5. People v. YascavageSupreme Court of Colorado · 2004

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3Cited by18 opinions

  1. Am. Family Mut. Ins. Co. v. BarrigaSupreme Court of Colorado · 2018
  2. People v. Hinojos-MendozaColorado Court of Appeals · 2006
  3. Gallion v. Colorado Department of RevenueSupreme Court of Colorado · 2007
  4. Folks v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Tenth Circuit · 2015
  5. Pringle v. ValdezSupreme Court of Colorado · 2007

13 more not listed; retrieve them via the Exa API.

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