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.

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. Since January 1, 2026 the seven days' written notice is not merely procedural: under § 38-12-103(3)(c) a tenant may bring an action for treble damages, attorney fees and costs ONLY if the landlord still fails to return the deposit within seven days of receiving a demand and notice of intent to sue. Sending this letter and waiting out the week is what creates the claim. The same act bars deductions for normal wear and tear and for damage that pre-existed the tenancy, and requires the landlord to hand over the documentation behind any deduction — photographs, inspection reports, receipts, invoices or estimates.

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 wrongful — which since January 1, 2026 includes late or missing itemization and documentation, not just willful withholding. 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.

What your landlord may deduct in Colorado

Unpaid rent, abandonment of the premises, and damage to the premises — normal wear and tear excepted.

Colo. Rev. Stat. § 38-12-103

Ordinary wear and tear

Colorado forbids retaining a deposit for normal wear and tear and is one of very few states to define the term in the statute itself.

“No security deposit shall be retained to cover normal wear and tear.”

What a compliant itemization has to contain

A written statement listing the exact reasons for retention, delivered within the statutory period.

Read it yourself: Colo. Rev. Stat. § 38-12-103

How to get your deposit back in Colorado

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Colorado that's 30 days.
2. 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. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 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. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common 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 wrongful — which since January 1, 2026 includes late or missing itemization and documentation, not just willful withholding.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.