🏠 COLORADO · SECURITY DEPOSIT LAW
Security deposits in Colorado
In Colorado, C.R.S. §§ 38-12-102.5 (cap), 38-12-103 (return) gives your landlord 30 days after the tenancy ends to return your deposit or send an itemized statement of what was withheld.
The deposit itself is capped at 2 months' rent. If the landlord misses the deadline for the written statement, they lose the right to withhold any of the deposit (C.R.S. § 38-12-103(2)). If they keep it willfully, they owe three times the amount wrongfully withheld plus attorney fees and costs, but you must give 7 days' written notice before suing (§ 38-12-103(3)(a)).
The Colorado statute
VERIFIED PRIMARY SOURCE
§ C.R.S. § 38-12-103
Landlord must return the deposit, or a written statement of exact reasons for retention, within one month of termination (a lease may extend this up to 60 days). No deduction for normal wear and tear. Willful, wrongful retention allows treble (3x) damages plus attorney fees and court costs; as of Jan 1, 2026, the tenant must give 7 days' notice before suit. Verified against primary statute text (colorado.public.law / lawhelp.colorado.gov) 2026-06-28.
Read the Colorado source text →Colorado deadlines at a glance
| Rule | What Colorado requires |
|---|---|
| Deadline to return or itemize | 30 days after the tenancy ends |
| Maximum deposit | 2 months' rent |
| If the landlord misses the deadline | If the landlord misses the deadline for the written statement, they lose the right to withhold any of the deposit (C.R.S. § 38-12-103(2)). If they keep it willfully, they owe three times the amount wrongfully withheld plus attorney fees and costs, but you must give 7 days' written notice before suing (§ 38-12-103(3)(a)). |
| Governing statute | C.R.S. §§ 38-12-102.5 (cap), 38-12-103 (return) |
Statute says "within one month" unless the lease specifies a longer period, which may not exceed 60 days. Treble damages require willful retention, and the tenant must give 7 days’ notice before filing suit. Every figure here was read from the Colorado statute text, not a secondary summary. Verified against the primary source →
What security deposits law covers in Colorado
The 30 days clock in ColoradoC.R.S. §§ 38-12-102.5 (cap), 38-12-103 (return) sets Colorado's deadline at 30 days from the end of the tenancy. Statute says "within one month" unless the lease specifies a longer period, which may not exceed 60 days. Treble damages require willful retention, and the tenant must give 7 days’ notice before filing suit.
Colorado caps the deposit at 2 months' rentA Colorado landlord may not demand more than 2 months' rent as a security deposit under C.R.S. §§ 38-12-102.5 (cap), 38-12-103 (return). A deposit collected above the cap is recoverable even if you agreed to it in the lease.
Itemization is the condition of keeping anythingWithholding any part of the deposit in Colorado requires a written, itemized statement within the 30 days window. A lump-sum "cleaning and repairs" line is the kind of entry that fails the statute — and ordinary wear and tear is not deductible.
What missing the deadline costs in ColoradoIf the landlord misses the deadline for the written statement, they lose the right to withhold any of the deposit (C.R.S. § 38-12-103(2)). If they keep it willfully, they owe three times the amount wrongfully withheld plus attorney fees and costs, but you must give 7 days' written notice before suing (§ 38-12-103(3)(a)). Whether a remedy applies can turn on the dates, so keep proof of the day you moved out and the day you gave a forwarding address.
What to do in Colorado, in order
- Write down the date the tenancy ended and you handed back possession — in Colorado the 30 days clock runs from that date.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Send your forwarding address in writing and keep proof — several statutes start or extend the clock from it.
- If 30 days pass with no deposit and no itemized statement, send a demand letter citing C.R.S. §§ 38-12-102.5 (cap), 38-12-103 (return) and the remedy described above.
- If the landlord still doesn't pay, Colorado small claims court handles deposit cases cheaply — ask for the deposit and any amount the statute allows on top of it.
Common questions about security deposits in Colorado
How long does my landlord have to return my security deposit in Colorado?
C.R.S. §§ 38-12-102.5 (cap), 38-12-103 (return) gives your landlord 30 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. Statute says "within one month" unless the lease specifies a longer period, which may not exceed 60 days. Treble damages require willful retention, and the tenant must give 7 days’ notice before filing suit.
What happens if my Colorado landlord misses the deadline?
If the landlord misses the deadline for the written statement, they lose the right to withhold any of the deposit (C.R.S. § 38-12-103(2)). If they keep it willfully, they owe three times the amount wrongfully withheld plus attorney fees and costs, but you must give 7 days' written notice before suing (§ 38-12-103(3)(a)). You generally have to claim it, and small claims court is where deposit cases of this size are decided.
How much can a landlord charge for a security deposit in Colorado?
Colorado caps it at 2 months' rent under C.R.S. §§ 38-12-102.5 (cap), 38-12-103 (return). A lease term purporting to charge more does not make the excess lawful.
Can my Colorado landlord keep the deposit for cleaning?
Only to return the unit to its move-in cleanliness, and any deduction must appear in the itemized statement due within 30 days. Routine turnover cleaning and ordinary wear — faded paint, traffic-worn carpet — are generally the landlord's cost, not yours.
Don’t guess what your document says.
Upload your lease or notice and get every risky clause quoted back with the statute that governs it — including the one above.
Run the Lease Analyzer — free →This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.