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Colorado security deposit: 30 days to get it back

For conduct on or after Jan. 1, 2026: within 30 days after the lease ends or the tenant surrenders and the landlord accepts the premises, whichever is later, the landlord must return the full deposit or give a written statement of the reasons for any amount kept. A lease may set a longer period, but not more than 60 days.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in C.R.S. § 38-12-103, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement: If keeping any amount, the landlord must send a written statement of the reasons. Deductions are limited to unpaid rent, utilities, other lawful lease charges, and repairs for damage beyond normal wear and tear that did not exist before the tenancy. On the tenant's written request, the landlord must provide supporting documentation within 14 days.
If the landlord breaks the rules: If the landlord wrongfully keeps any part of the deposit, the tenant may recover treble (3x) the amount wrongfully withheld plus reasonable attorney fees and court costs. The tenant must first send a written demand and notice of intent to sue; treble damages apply only if the landlord doesn't pay within 7 days. The landlord bears the burden of proving the withholding was not wrongful.
Loss of the right to deduct: If the landlord fails to comply with the section or otherwise wrongfully withholds the deposit, the landlord forfeits the right to withhold any portion of it.
Deposit cap: Two monthly rent payments (§ 38-12-102.5, in force since Aug. 7, 2023). HB25-1249 as introduced proposed one month, but the amended bill text does not change the cap, and a 2026 bill text still states two months.
Small claims limit: $7,500 in County Court (Small Claims Division)
Statute: C.R.S. §§ 38-12-102.5 and 38-12-103 (as amended by HB25-1249, eff. Jan. 1, 2026)

Recent changes

HB25-1249, effective Jan. 1, 2026 (signed June 2025): return deadline 30 days (was one month); no deductions for normal wear or pre-existing damage; forfeiture for noncompliance or wrongful withholding; treble-damages trigger changed from 'willful' to 'wrongful'; bad-faith definition (125% presumption); documentation on request; walk-throughs. HB25-1168 (also Jan. 1, 2026): no deduction for damage caused by abuse incidents.

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite C.R.S. § 38-12-103. Give a date to respond.
If you still aren't paid, file in County Court (Small Claims Division). Deposit claims up to $7,500 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Colorado demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under C.R.S. § 38-12-103, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 30 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Colorado have to return a security deposit?

What happens if a Colorado landlord keeps the deposit wrongfully?

If the landlord wrongfully keeps any part of the deposit, the tenant may recover treble (3x) the amount wrongfully withheld plus reasonable attorney fees and court costs. The tenant must first send a written demand and notice of intent to sue; treble damages apply only if the landlord doesn't pay within 7 days. The landlord bears the burden of proving the withholding was not wrongful. If the landlord fails to comply with the section or otherwise wrongfully withholds the deposit, the landlord forfeits the right to withhold any portion of it.

Do I have to give my Colorado landlord a forwarding address?

Our review of Colorado's statute didn't find a forwarding-address rule that starts the deadline. Give one in writing anyway, so you can prove where to send the deposit.

Where do I sue for my deposit in Colorado?

Deposit claims up to $7,500 can be filed in County Court (Small Claims Division). Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.