Colorado Security Deposit Return Law
In Colorado, a landlord must return your security deposit within 30 days of the lease terminates and you move out. The landlord must include an itemized written statement of any deductions. 30 days by default; a lease may extend this to up to 60 days. A 7-day pre-suit demand is required before filing. HB 25-1249 forfeiture of withholding rights effective 1/1/2026. The law is C.R.S. § 38-12-103. Last checked against the official statute: 2026-07-31.
What happens if the landlord misses the deadline
Treble (3x) wrongfully withheld plus attorney fees on willful retention. Courts generally require you to show the landlord missed the deadline or kept money it was not entitled to, and where the penalty depends on bad faith, that a court finds the landlord acted in bad faith.
What your landlord can and cannot deduct
Landlords can deduct for unpaid rent and for damage beyond normal wear and tear. They cannot charge you for ordinary wear: worn carpet in walkways, small nail holes, faded paint, minor scuffs. The fight in most disputes is over where that line sits, which is why dated photos from move-in and move-out matter more than anything else.
Your deadline countdown
If you moved out on a given date, your landlord's deadline is that date plus 30 days.
If the deadline has passed or your deposit was withheld
- 1. Gather your evidence, ideally dated move-in and move-out photos.
- 2. Send a written demand letter citing C.R.S. § 38-12-103 and the deadline your landlord missed.
- 3. If they don't respond, file in Small Claims (County Court). The limit there is $7,500, which covers most deposit claims.
Colorado deposit law FAQ
How long does a landlord have to return a security deposit in Colorado?
30 days from the lease terminates and you move out. 30 days by default; a lease may extend this to up to 60 days. A 7-day pre-suit demand is required before filing. The law is C.R.S. § 38-12-103.
What is the penalty if a Colorado landlord doesn't return the deposit?
Treble (3x) wrongfully withheld plus attorney fees on willful retention. Courts generally require you to show the landlord missed the deadline or kept money it was not entitled to, and where the penalty depends on bad faith, that a court finds the landlord acted in bad faith.
Can my landlord charge me for carpet or painting in Colorado?
Only for damage beyond normal wear and tear. Ordinary wear like traffic patterns in carpet or faded paint is the landlord's cost of doing business, not yours.
Do I need photos to dispute a deposit deduction in Colorado?
There is no law requiring photos, but in practice they decide disputes. A dated move-in photo showing the condition you received, next to a dated move-out photo showing how you left it, is the strongest evidence a renter can have.
Where do I sue my landlord for my deposit in Colorado?
Small Claims (County Court). Claims up to $7,500 can be filed there without a lawyer.
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This is legal information and document preparation, not legal advice. For advice about your specific situation, consult a licensed attorney in your state.
Last verified against C.R.S. § 38-12-103 on 2026-07-31.