Opinion
Aug. 27, 1974.
Editorial Note:
This case has been marked 'not for publication' by the court.
Feder & Morris, P.C., Harold A. Feder, Denver, for plaintiffs-appellees.
Douglas G. McKinnon, Littleton, William J. Convery, Denver, for defendant-appellant.
KELLY, Judge.
In an action by plaintiffs against their landlord based on 1971 Perm.Supp., C.R.S.1963, 58--1--28, the trial court entered judgment for plaintiffs for $1,375 which included a rental security deposit paid by plaintiffs to defendant, treble damages and attorneys' fees. The defendant appeals, challenging the sufficiency of the evidence to support the findings of the trial court. We affirm. Plaintiffs' cross-appeal was withdrawn at the time of oral argument.
In a trial to the court, the evidence showed that the parties entered into a lease for the rental of an apartment by the plaintiffs from the defendant commencing August 1, 1970, at a rental of $350 per month. The plaintiffs gave the defendant $450 as a security deposit. Paragraph 22 of the lease provided:
'This tenancy may be terminated at any time by mutual consent of the parties, considering there has been a minimum occupancy of at lease (sic) 6 months, or by either party by giving written notice to the other not less than 60 days before the date of termination.'
The statute applicable to this case provides in part:
'A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant . . .. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. . . .' 1971 Perm.Supp., C.R.S.1963, 58--1--28(1).
The evidence before the trial court was uncontroverted that plaintiffs moved out of the apartment on January 7, 1972, and that the defendant retained the entire security deposit but did not provide a written statement listing the reasons for retention thereof.
The trial court found, from conflicting evidence, that the lease had been terminated by mutual agreement and that the parties had agreed to the payment of $75 by the plaintiffs to the defendant as the fair rental value of the premises for the first week of January 1972. Having found that the lease had been terminated, the trial court concluded that the defendant's withholding of the entire security deposit and his failure to give the requisite written statement to the plaintiffs were wrongful and willful within the meaning of the statute. These findings of fact by the trial court are supported by sufficient evidence and will not be disturbed by this court on review. American National Bank v. Christensen, 28 Colo.App. 501, 476 P.2d 281.
Judgment affirmed.
ENOCH and RULAND, JJ., concur.