How long a landlord has to return your deposit, and what you can claim if they miss it
This page covers residential security deposits in Colorado, where a landlord has kept some or all of a deposit after a tenancy ends.
It does not cover:
Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.
Measured from termination of the lease or surrender and acceptance of the premises, whichever occurs last.
Return the full deposit within 30 days (unless the lease specifies a longer period, capped at 60 days). If actual cause exists to retain any portion, the landlord must provide a written statement listing the exact reasons, together with payment of the difference.
C.R.S. § 38-12-103(1)(a) ↗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) ↗The clock does not start on the day you decided to leave. In Colorado it starts termination of the lease or surrender and acceptance of the premises, whichever occurs last — for most leases that is the date you hand back the keys, not the date your notice period began.
““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)
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.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
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Colorado Security Deposit Rules
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30 days, counted from termination of the lease or surrender and acceptance of the premises, whichever occurs last. C.R.S. § 38-12-103(1)(a).
A landlord who withholds in bad faith may be liable for 3x the portion wrongfully withheld. C.R.S. § 38-12-103(3)(a), (3)(c)
It runs from termination of the lease or surrender and acceptance of the premises, whichever occurs last — the date you vacated and returned the keys, not the date your notice period began.
No — The small claims court has concurrent original jurisdiction in civil actions up to $7,500 (exclusive of interest and costs). No jury trials; cases heard by a magistrate or judge.