Colorado security deposit law

Security Deposit Laws in Colorado: What Your Landlord Can and Cannot Keep

Your landlord has 60 days under Colorado law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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Colorado security deposit return timeline

Deadline to return

60 days

Statute

Colo. Rev. Stat. § 38-12-103 (deadline at (1); forfeiture at (2); penalty at (3)); cap at § 38-12-102.5

The default deadline is ONE MONTH after termination of the lease or surrender and acceptance of the premises (whichever occurs LAST) — but the lease may lawfully specify a longer period up to a hard maximum of SIXTY days, so check the lease; we compute dates from the 60-day outer bound so no asserted date is ever premature. If any portion is retained for actual cause, the landlord must provide a written statement of the exact reasons accompanied by payment of the difference; mailing to the tenant's last known address is compliance. Failing to provide the written statement in time FORFEITS all rights to withhold any portion. MANDATORY PRE-SUIT NOTICE: before filing a treble-damages action the tenant must give the landlord at least 7 days' written notice of intent to sue — a demand letter should include it. Deposit cap: two monthly rent payments (§ 38-12-102.5, on and after Aug 7, 2023). A separate 72-hour deadline with 2x damages applies to gas-hazard-forced move-outs (§ 38-12-104). Lease waivers of the section are void.

What can a landlord legally deduct in Colorado?

Allowed

  • Nonpayment of rent
  • Abandonment of the premises
  • Nonpayment of utility charges
  • Repair work or cleaning contracted for by the tenant

Not allowed

  • Normal wear and tear — "No security deposit shall be retained to cover normal wear and tear."

What if your landlord keeps your deposit wrongfully in Colorado?

WILLFUL retention in violation of the section renders the landlord liable for TREBLE the portion wrongfully withheld, plus reasonable attorney fees and court costs — conditioned on the tenant giving at least 7 days' pre-suit written notice (§ 38-12-103(3)(a)). In the tenant's action, the LANDLORD bears the burden of proving the withholding was not wrongful ((3)(b)).

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing Colo. Rev. Stat. § 38-12-103 (deadline at (1); forfeiture at (2); penalty at (3)); cap at § 38-12-102.5 and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

Recover $35 · Dispute $49 — one flat fee, no subscription.

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Colorado tenant rights resources

Every fact on this page is verified against Colorado's official statutory text as of 2026-09-07. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Colorado.

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What TenantNex is — and isn't

TenantNex is a document preparation and delivery service, not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.