Deposit laws by state › Colorado
State law · Colorado
Colorado security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: Within 30 days after the lease ends or the tenant surrenders the unit, whichever is later, the landlord must return the deposit with a written statement of the reasons for any deduction. The lease may set a longer period, up to 60 days.
How long does a landlord have to return a security deposit in Colorado?
- Return deadline
- Within 30 days after the lease ends or the tenant surrenders the unit, whichever is later, the landlord must return the deposit with a written statement of the reasons for any deduction. The lease may set a longer period, up to 60 days.C.R.S. § 38-12-103(1)
- Itemized list
- The written statement listing the exact reasons for any deduction is due within the same period.C.R.S. § 38-12-103(1)
Prefer a full page? Use the security deposit deadline calculator.
What happens if a Colorado landlord misses the deadline?
- If the landlord misses it
- A landlord who does not follow the section, including the deadline for the written statement, forfeits the right to withhold any part of the deposit.C.R.S. § 38-12-103(2)
- Penalty
- Willful retention of a deposit in violation of the law makes the landlord liable for three times the amount wrongfully withheld, plus reasonable attorney's fees and court costs. The tenant must first give 7 days' written notice of intent to sue; returning the deposit in that week avoids the triple damages.C.R.S. § 38-12-103(3)
- Burden of proof
- The landlord must prove the withholding was not wrongful and must prove the amount of actual damages.C.R.S. § 38-12-103(3)(b), (3.5)(c)
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can a Colorado landlord deduct from your deposit?
What can be deducted: Only nonpayment of rent, nonpayment of utilities, other lawful lease charges, and necessary repairs for damage or defects beyond normal wear and tear. (C.R.S. § 38-12-103(1)(b))
Normal wear and tear: A landlord may not keep any of the deposit to cover normal wear and tear, and a lease term charging the tenant for repairs or cleaning due to normal wear and tear is void. (C.R.S. § 38-12-103(1)(a), (7)(b))
Cleaning: Cleaning due to normal wear and tear cannot be charged. (C.R.S. § 38-12-103(7)(b))
What the itemized list must include: A written statement listing the exact reasons for keeping any part of the deposit; one that does not is treated as wrongful withholding. Carpet is not substantially and irreparably damaged if it had not been replaced within ten years. (C.R.S. § 38-12-103(1)(a), (2.5)(b), (11)(c))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Is there a limit on security deposits in Colorado?
Since August 7, 2023, a landlord may not require a deposit of more than two months' rent. (C.R.S. § 38-12-102.5)
Taking a deposit case to small claims court in Colorado
Small-claims limit: Colorado small claims covers cases up to $7,500. (Colorado Judicial Branch guidance)
Notice before you sue: Before suing for treble damages and fees, the tenant must give the landlord written demand for the deposit and notice of intent to sue at least 7 days ahead. A demand letter stating that intent, with a response deadline of at least 7 days, serves as this notice. (C.R.S. § 38-12-103(3)(c))
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- Since January 1, 2026, Colorado landlords may not deduct for normal wear and tear or pre-existing damage, may charge for carpet or interior painting only for substantial and irreparable damage, and may not charge for carpet not replaced in the previous 10 years. Landlords must provide supporting documents within 14 days of your request (HB 25-1249).
What to do if your Colorado landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite Colorado's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- Colorado Judicial Branch guidance: coloradojudicial.gov
- C.R.S. § 38-12-102.5: content.leg.colorado.gov
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Colorado.