Security deposits in Colorado
In Colorado, C.R.S. § 38-12-103 gives your landlord 30 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. Colorado sets no statutory cap on the deposit amount. Miss that deadline and the consequence is specific: treble (3x) the portion wrongfully withheld, plus attorney fees and costs.
The Colorado statute
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 | No statutory limit |
| If the landlord misses the deadline | Treble (3x) the portion wrongfully withheld, plus attorney fees and costs |
| Governing statute | C.R.S. § 38-12-103 |
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
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. § 38-12-103 and the penalty it carries.
- If the landlord still doesn't pay, Colorado small claims court handles deposit cases cheaply — and the statutory penalty (treble (3x) the portion wrongfully withheld, plus attorney fees and costs) is what you ask the court to award.
Common questions about security deposits in Colorado
How long does my landlord have to return my security deposit in Colorado?
C.R.S. § 38-12-103 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?
Treble (3x) the portion wrongfully withheld, plus attorney fees and costs. That remedy is written into C.R.S. § 38-12-103 — 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 sets no statutory maximum, so the amount is whatever the lease sets. The deadline and itemization requirements in C.R.S. § 38-12-103 still apply regardless of size.
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.
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