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Security deposits · CO

Colorado security deposit law

Last updated October 13, 2026

You moved out, cleaned up, handed back the keys, and the deposit still hasn't shown up. Or it did, minus a list of charges that don't add up. Here is what Colorado law says about that, in plain terms, with the statute so you can check it yourself.

Deadline
30 days after the lease ends or you surrender the unit, whichever is later. The lease can extend this to no more than 60 days.
Deposit limit
Two months' rent, plus a refundable pet deposit of up to $300.
If they don't comply
Wrongful withholding makes the landlord liable for three times the amount withheld, plus attorney's fees and court costs. You must give the landlord at least 7 days' written notice that you intend to sue.
The law
Colo. Rev. Stat. §§ 38-12-102 to 38-12-106
Pick a date to see the deadline.

When the landlord has to pay you back

30 days after the lease ends or you surrender the unit, whichever is later. The lease can extend this to no more than 60 days.

Give the landlord your new address in writing when you hand back the keys. Even where the law doesn't strictly require it, it removes the easiest excuse for a late refund.

Colorado's 2025 law (HB25-1249) put the burden on the landlord to prove the withholding wasn't wrongful.

If the landlord missed the deadline or kept too much

Wrongful withholding makes the landlord liable for three times the amount withheld, plus attorney's fees and court costs. You must give the landlord at least 7 days' written notice that you intend to sue.

That is the part that tends to move a landlord. Plenty of them hold on to a deposit simply because nobody asks twice. A short letter that names the statute and the penalty changes the math for them: paying you now is usually cheaper than risking the penalty in small claims court.

Colorado requires at least 7 days' written notice of your demand and intent to sue before you file.

What a landlord can usually deduct

Unpaid rent, and damage beyond normal wear and tear. Faded paint, light carpet wear and a few small nail holes after a long tenancy are the classic examples of wear and tear. A broken door or a large stain is damage. If the deductions are vague ("cleaning, $400") ask for the itemized list and receipts. Whether you're entitled to one, and how detailed it must be, depends on the statute above.

Deposit limits in Colorado

The deposit itself is capped in Colorado: two months' rent, plus a refundable pet deposit of up to $300. If you paid more than that, the overpayment is part of what you can ask for.

How to ask for it back

  1. Get your paperwork together. The lease, proof of what you paid, move-in and move-out photos, and any messages about the deposit.
  2. Check the date. Count from the day the tenancy ended and you returned the keys. If the deadline hasn't passed, a polite reminder is enough for now.
  3. Send a written demand. Name the amount, the statute and a short deadline to pay, usually 7 to 14 days. Email works, but a letter with tracking is harder to ignore.
  4. File in small claims court if they don't pay. You don't need a lawyer there, and your demand letter becomes evidence that you tried to settle first.

A short demand letter for Colorado

Dear [landlord],

I moved out of [address] on [date] and returned the keys. My security deposit of $[amount] has not been returned, and I have not received an itemized list of deductions within 30 days the law allows.

Colo. Rev. Stat. §§ 38-12-102 to 38-12-106 sets out when a landlord in Colorado must return a deposit and what happens when they don't. I'd rather settle this directly than in court.

Please pay $[amount] to me at [forwarding address] within 10 days of this letter. If I don't receive it by then, I will file a claim in small claims court and ask for everything the statute allows.

Sincerely,
[your name]

The generator fills this in with your actual numbers and dates, adjusts the tone, and gives you a PDF or an email ready to send.

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Common questions

How long does a landlord have to return a security deposit in Colorado?

30 days after the lease ends or you surrender the unit, whichever is later. The lease can extend this to no more than 60 days.

How much can a landlord charge for a security deposit in Colorado?

Two months' rent, plus a refundable pet deposit of up to $300.

What happens if a Colorado landlord doesn't return the deposit?

Wrongful withholding makes the landlord liable for three times the amount withheld, plus attorney's fees and court costs. You must give the landlord at least 7 days' written notice that you intend to sue.