How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Colorado, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
Two months' rent (C.R.S. § 38-12-102.5). A landlord may not require a security deposit exceeding the amount of two monthly rent payments under the rental agreement. A separate pet security deposit is limited to an additional $300 and must be refundable.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Colorado |
|---|---|
| Nonpayment of rent or abandonment of the premises | Permitted, if substantiated |
| Nonpayment of utility charges, repair work, or cleaning contracted for by the tenant | Permitted, if substantiated |
| Nonpayment of other lawful charges listed in the lease | Permitted, if substantiated |
| Necessary repair work for damage or defective conditions that exceed normal wear and tear and did not preexist the tenancy | Permitted, if substantiated |
| Claimed deduction | Permitted in Colorado |
|---|---|
| Normal wear and tear | Not permitted |
| Any damage or defective condition that preexisted the tenancy | Not permitted |
| Any retention without a written statement + documentation within 30 days | Not permitted |
| Carpet replacement without substantial and irreparable damage (and carpet not replaced within 10 years cannot be deemed substantially damaged) | Not permitted |
| Repainting without substantial damage exceeding normal wear and tear | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
In any court action brought by a tenant under this section, the landlord bears the burden of proving that the withholding was not wrongful and that the landlord complied with the requirements of this section — including proving the amount of actual damages incurred (as amended 2026-01-01).
In Colorado the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. C.R.S. § 38-12-103(3)(b), (3.5)(c) ↗
A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld.
The wrongful retention of a security deposit in violation of this section renders the landlord liable for treble the amount of the portion wrongfully withheld, together with reasonable attorney fees and court costs. The tenant must notify the landlord of the demand for return and intention to file legal proceedings at least 7 days before filing. If the landlord returns the entire deposit within 7 days of that notice, the treble-damages action is barred.
C.R.S. § 38-12-103(3)(a), (3)(c) ↗The tenant may recover the landlord's attorney fees.
Reasonable attorney fees and court costs are recoverable together with the treble-damages award under subsection (3)(a).
C.R.S. § 38-12-103(3)(a) ↗Effective January 1, 2026, HB 25-1249 changed the return deadline from "one month" to a specific "thirty days" (still extendable by lease up to 60 days). Older summaries that say "one month" are now outdated.
C.R.S. § 38-12-103(1)(a) ↗Colorado awards three times the amount wrongfully withheld (not the full deposit), plus attorney fees and court costs. It requires a 7-day written demand first; a landlord who returns everything within that 7 days avoids the treble penalty.
C.R.S. § 38-12-103(3)(a), (3)(c) ↗If the amount retained is 125% or more of the actual damages incurred, it is presumed to unreasonably exceed actual damages (bad faith). The landlord bears the burden of proving actual damages.
C.R.S. § 38-12-103(3.5)(b), (3.5)(c) ↗If the landlord provides a written statement, the tenant may request supporting documentation (photographs, inspection reports, receipts, invoices, estimates), and the landlord must provide it within 14 days of a written request (as amended 2026-01-01).
C.R.S. § 38-12-103(8) ↗A deposit claim under a written lease is an action on a written contract, subject to a 6-year limitations period under C.R.S. § 13-80-103.5.
C.R.S. § 13-80-103.5 ↗““I kept the deposit for cleaning and repairs.””
Colorado requires a written statement listing the exact reasons for retention, plus relevant documentation, within 30 days. Normal wear and tear and preexisting damage cannot be charged. Provide the specific reasons and documentation, or return my deposit.
C.R.S. § 38-12-103(1)(a)
““The carpet and paint needed replacing.””
Carpet replacement requires substantial and irreparable damage beyond normal wear, and carpet not replaced within the last 10 years cannot be deemed substantially damaged (as amended 2026-01-01). Repainting likewise requires substantial damage. Ordinary wear is not chargeable.
C.R.S. § 38-12-103(11)
““You never gave notice before suing.””
I provided the required written demand and notice of intention to file at least 7 days before filing, as required by § 38-12-103(3)(a). My treble-damages claim is therefore properly before the court.
C.R.S. § 38-12-103(3)(a)
Some widely circulated summaries of Colorado deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Pre-2026 summaries | one month |
| C.R.S. § 38-12-103(1)(a) as amended by HB 25-1249 | thirty days (effective 2026-01-01) |
What we follow: 30 days
HB 25-1249 expressly changed "one month" to "thirty days" effective January 1, 2026. This data reflects current law as of 2026-10-15.
| Source | What it says |
|---|---|
| Some 2025 articles | no statewide cap |
| C.R.S. § 38-12-102.5 | two months' rent (since 2023) |
What we follow: Two months' rent
§ 38-12-102.5, added by SB 23-184 (effective 2023-08-07), caps deposits at two months' rent. The "no cap" claim refers to a cap proposed in early HB 25-1249 drafts that did not survive, not to the existing statutory cap.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| C.R.S. § 38-12-103(1)(a) | 2026-10-15 | official text ↗ |
| C.R.S. § 38-12-103(3)(a), (3)(c) | 2026-10-15 | official text ↗ |
| C.R.S. § 38-12-103(3)(a) | 2026-10-15 | official text ↗ |
| C.R.S. § 38-12-103(3)(b), (3.5)(c) | 2026-10-15 | official text ↗ |
| C.R.S. § 38-12-103(3.5)(b), (3.5)(c) | 2026-10-15 | official text ↗ |
| C.R.S. § 38-12-103(8) | 2026-10-15 | official text ↗ |
| C.R.S. § 13-80-103.5 | 2026-10-15 | official text ↗ |
Primary reference: C.R.S. § 38-12-103. Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
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Colorado Security Deposit Return
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The statute does not permit deductions for: normal wear and tear; any damage or defective condition that preexisted the tenancy; any retention without a written statement + documentation within 30 days; carpet replacement without substantial and irreparable damage (and carpet not replaced within 10 years cannot be deemed substantially damaged); repainting without substantial damage exceeding normal wear and tear.
The landlord. In any court action brought by a tenant under this section, the landlord bears the burden of proving that the withholding was not wrongful and that the landlord complied with the requirements of this section — including proving the amount of actual damages incurred (as amended 2026-01-01).
Two months' rent (C.R.S. § 38-12-102.5). A landlord may not require a security deposit exceeding the amount of two monthly rent payments under the rental agreement. A separate pet security deposit is limited to an additional $300 and must be refundable.
No. Normal wear and tear; Repainting without substantial damage exceeding normal wear and tear