🏠 COLORADO · SECURITY DEPOSIT LAW
Security deposits in Colorado
Every state sets its own rules for security deposits — how much a landlord can collect, where the money must be held, what it can be spent on, and the deadline for returning it after you move out. Missing that deadline, or making deductions the statute doesn’t allow, often exposes the landlord to penalties that can multiply what they owe you.
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 →
What security deposits law covers
Return deadlineMost states give the landlord a fixed number of days after move-out to return the deposit or send an itemized list of deductions. Blowing the deadline frequently forfeits the right to keep anything — and in several states triggers double or triple damages.
Allowed deductionsUnpaid rent, damage beyond normal wear and tear, and costs the lease legitimately assigns. Ordinary wear — faded paint, worn carpet — is generally NOT deductible anywhere.
ItemizationWhen a landlord withholds any portion, most statutes require a written, itemized statement. A vague "cleaning and repairs — $800" often fails the statute.
Caps and interestMany states cap the deposit at one or two months’ rent, and some require it to be held in a separate or interest-bearing account.
What to do, in order
- Document the unit on move-out day: video every room, appliance, and wall.
- Send your forwarding address in writing — several statutes start or extend the clock from this.
- Count the days. If the statutory deadline passes with no deposit and no itemized statement, send a demand letter citing the statute below.
- If the landlord still doesn’t pay, small claims court handles deposit cases cheaply and quickly — and statutory penalties often apply.
Common questions
What counts as normal wear and tear?
Deterioration from ordinary living: faded paint, minor scuffs, carpet worn by foot traffic, small nail holes. Damage — stains, burns, broken fixtures, holes in walls — is deductible. The line is drawn by state case law, but "would this happen to any careful tenant over the same period?" is the test courts effectively apply.
Can my landlord keep the deposit for cleaning?
Only to return the unit to the cleanliness it had at move-in, and in many states only if the lease says so. Routine turnover cleaning between tenants is generally the landlord’s cost of doing business.
What if I never got an itemized list of deductions?
In most states an itemized written statement within the statutory window is a condition of keeping ANY of the deposit. No list, late list, or a list without real itemization is frequently a full-refund case — sometimes with penalties.
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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.