Colorado security deposit law
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This is the one that matters. Your clock starts the day you handed back the keys — not the day your landlord replies.
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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.
Allowed
Not allowed
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)).
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Every fact on this page is verified against Colorado's official statutory text as of 2026-09-07. TenantNex is not a law firm and this is not legal advice. For complex disputes, consult a licensed attorney in Colorado.
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60 days
Colorado law sets this deadline — your landlord must return your deposit or itemize deductions by then.
If they wrongfully withhold
up to 3× your deposit
Add your deposit amount above for the exact figure.
Colo. Rev. Stat. § 38-12-103 (deadline at (1); forfeiture at (2); penalty at (3)); cap at § 38-12-102.5 — verified against the official statute 2026-09-07
Your 60 days started the day you moved out — that clock is running right now whether or not your landlord acts, and the 3× penalty only exists if you demanded it in writing before it closed.
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We don't stop at mailing it. If your landlord doesn't respond, we follow up at day 7 and day 14 — and help you build the evidence and paperwork for small claims if it comes to that. Real result: we helped Kathleen A. (Ohio) recover her full $3,000 deposit this way.
One case, one price — the letter, the certified mailing, the tracking, and the follow-up. No subscription, no recurring anything.
| Option | Price | Effort | Follow-up |
|---|---|---|---|
| Do it yourself | — | All of it | You chase |
| TenantNex | $39 | Done for you | We chase |
| Small-claims services | $149–448 | — | — |
| Hire an attorney | $300–2,000+ | — | — |
An attorney starts at $300. Filing services charge $149 for the letter alone. We prepare the whole claim for $39.
We run your claim until you are paid — or you are ready to file.
TenantNex is 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.