Colorado security deposit law
What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.
Deadline to return
30 days
Governing statute
Colo. Rev. Stat. § 38-12-103
The deadline
Under Colo. Rev. Stat. § 38-12-103, a landlord in Colorado must return your security deposit — together with any required written itemization of deductions — within 30 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.
The lease may extend the deadline to up to 60 days. Colorado requires the tenant to give 7 days' written notice of intent to sue before filing — this letter serves that purpose. HB 25-1249, effective January 1, 2026, bars deductions for normal wear and tear and pre-existing damage.
What it costs your landlord
Under Colo. Rev. Stat. § 38-12-103, a landlord who wrongfully withholds a deposit in Colorado may be liable for treble (3x) the amount wrongfully withheld plus reasonable attorney's fees and court costs where the retention was willful. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.
How to get your deposit back in Colorado
- 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Colorado that's 30 days.
- 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
- 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
- 4. Send a written demand by certified mail. Cite Colo. Rev. Stat. § 38-12-103, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
- 5. File in small claims if they ignore you.You don't need a lawyer. File in the county where the property is located.
Coming soon to Colorado
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Notify meCommon questions
- How long does a landlord have to return a security deposit in Colorado?
- Under Colo. Rev. Stat. § 38-12-103, a Colorado landlord has 30 days to return the deposit and provide any required written itemization of deductions.
- What is the penalty if my landlord keeps my deposit in Colorado?
- Under Colo. Rev. Stat. § 38-12-103, a landlord who wrongfully withholds may be liable for treble (3x) the amount wrongfully withheld plus reasonable attorney's fees and court costs where the retention was willful.
- Do I have to sue to get my security deposit back?
- Usually not. Most landlords pay once they receive a formal written demand sent by certified mail that cites the statute and the penalties for withholding. Small claims court is the fallback if they ignore it.
Statute text verified against the published source on July 29, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.