State law file
Security deposit law in Colorado
Based on C.R.S. § 38-12-103 · Verified 2026-09-25
Colorado tenants can recover up to 3x the wrongfully withheld deposit amount in penalties under C.R.S. § 38-12-103.
Under C.R.S. § 38-12-103, landlords in Colorado must return security deposits within one month (60 days if the lease sets a longer period) of move-out. Landlords must provide an itemized statement of deductions within one month.
Source: C.R.S. § 38-12-103. Verified 2026-09-25.
Your rights under C.R.S. § 38-12-103
In Colorado, a landlord must return a tenant's full security deposit within 30 days of move-out or explain every deduction in writing. Under C.R.S. § 38-12-103, a landlord who misses that window owes up to 3x the wrongfully withheld amount.
Under C.R.S. § 38-12-103, landlords in Colorado must return a tenant's security deposit — or the balance after lawful deductions — within one month (60 days if the lease sets a longer period) after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within one month. Failure to provide this statement is independently actionable.
If a landlord fails to return the deposit within one month (60 days if the lease sets a longer period), Colorado law provides for 3x the wrongfully withheld amount as damages.
What Colorado landlords can — and can't — deduct
Landlords in Colorado may deduct for unpaid rent or documented damage, but cannot charge tenants for normal wear and tear like faded paint or minor scuffs. Every deduction must be itemized within 30 days, or the landlord risks up to 3x the wrongfully withheld amount.
If your landlord charged you for anything in the right-hand column, you have grounds to dispute it under C.R.S. § 38-12-103. The normal wear and tear guide has more examples.
Small claims court in Colorado
In Colorado, a tenant can sue for a wrongfully withheld deposit in small claims court, where the limit is $7,500. Filing there costs about $55, and a landlord who lets 30 days pass risks up to 3x the wrongfully withheld amount.
Colorado's small claims limit is $7,500, and filing a case there costs about $55.
If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.
Frequently asked questions
How long does my landlord have to return my deposit in Colorado?
Under C.R.S. § 38-12-103, landlords in Colorado must return the security deposit within one month (60 days if the lease sets a longer period) after the tenancy ends. They must also provide an itemized statement of any deductions within one month.
What happens if my Colorado landlord doesn't return my deposit on time?
If a landlord fails to return the deposit within one month (60 days if the lease sets a longer period), Colorado law provides for 3x the wrongfully withheld amount as damages. You can send a formal demand letter and, if ignored, file in County Court, Small Claims Division without an attorney.
Can my landlord deduct for normal wear and tear in Colorado?
No. Under C.R.S. § 38-12-103, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in Colorado. Only damage beyond normal wear and tear is a valid deduction.
How do I file a small claims case for my security deposit in Colorado?
File in County Court, Small Claims Division in the county where the rental property is located. Filing costs about $55, and Colorado's small claims limit is $7,500. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.
My landlord isn't responding to calls or texts — now what?
Put it in writing. A demand letter citing C.R.S. § 38-12-103 names the deadline your landlord was under and the penalty the statute allows, and gives them a specific date to respond by. Sent by certified mail, it also creates a record of the date it went out and the address it reached — the kind of documentation County Court, Small Claims Division expects if the dispute goes that far.
What your letter looks like
A Colorado demand letter opens like this
Every letter cites C.R.S. § 38-12-103 and calculates the amounts from your own numbers. This sample uses a $1,750 deposit with $300 returned.
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Researching a specific landlord? Check the DepositHawk landlord ratings database — search by name or property management company to see deposit return history.
Ready to mail your letter? Send it by certified mail so you have proof of the date it went out and the date it arrived. Already wrote your own? Run it through the free letter checker before you send it. Still building your evidence file? The move-out photo checklist covers exactly what to document before you hand back the keys. If your landlord ignores the letter, the Colorado small claims guide walks through filing without a lawyer. For the whole process in one place, read what to do when a landlord won't return your deposit. A chatbot can draft a letter like this one, but it can't mail it by certified mail or search your landlord's eviction-filing history — DepositHawk does both.
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DepositHawk is not a law firm and does not provide legal advice. This information is based on C.R.S. § 38-12-103 as of 2026. Laws change. Verify current statutes at your state legislature's website. Consult a licensed attorney for advice specific to your situation.
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