Colorado security deposit law: know your rights.
Understand the return, deduction and notice rules in Colorado. Check which conditions apply to your rental, then choose your next step.
Your deposit rights in Colorado
- Return timing
- 30 days (HB25-1249 replaced 'one month' effective Jan 1, 2026) after lease termination or surrender and acceptance, whichever occurs last; the lease may extend the period up to 60 days.
- Accounting for deductions
- A written statement listing the exact reasons for retention must accompany payment of the balance. Since Jan 2026, no retention for normal wear and tear (expanded definition), pre-existing damage, carpet replacement (unless substantial irreparable damage beyond normal wear - and only if the carpet was replaced with new carpet within the 10 years before termination, § 38-12-103(11)), or repainting (unless substantial damage).
- Deposit interest
- The state deposit statute does not require interest. Check any additional lease or local rule.
Registry review: August 2026. Review dates refer to the cited rules, not an attorney review of your case.
Does this rule apply to your rental?
Check the type of tenancy, the lease and any local or housing-program rules before relying on the statewide summary.
Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026) ↗What starts the return clock?
30 days (HB25-1249 replaced 'one month' effective Jan 1, 2026) after lease termination or surrender and acceptance, whichever occurs last; the lease may extend the period up to 60 days.
Colorado makes the letter a legal step: you must give the landlord written notice of your demand and your intent to sue at least 7 days before filing, and treble damages are available only if they fail to return the money within those 7 days (§ 38-12-103(3)(c)).
Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026) ↗Check your return timing
Optional estimate from your move-out date. Read the start conditions above before treating that estimate as the return deadline. You can start the free analysis without completing this check.
Check what the landlord deducted
Since Jan 2026: on tenant request the landlord must produce within 14 days all relevant documentation in their possession - photos, inspection reports, receipts, invoices, or estimates (HB25-1249).
Match each charge to the work alleged, the lease provision and the records supporting the amount. Keep refunds and charges you accept separate from those you dispute.
Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026) ↗What could you recover?
Wrongful retention (HB25-1249 replaced 'willful' effective Jan 1, 2026) makes the landlord liable for treble the portion wrongfully withheld plus attorney fees and costs (§ 38-12-103(3)(a)). The tenant must first notify the landlord of the demand for return and the intent to sue at least 7 days before filing, and treble damages/fees are available only if the landlord fails to return the withheld amount within 7 days after receiving that demand and notice (§ 38-12-103(3)(c)) - the landlord's final cure window. The landlord bears the burden of proving the withholding was not wrongful and that it complied with the section; retaining 125%+ of actual damages is presumed to unreasonably exceed actual damages, i.e. bad-faith retention (§ 38-12-103(3.5)(b)).
Start with the unpaid amount you dispute. Any additional statutory recovery depends on the conditions in Colo. Rev. Stat. § 38-12-103(3)(a), including applicable notice requirements. A multiplier that already includes the deposit should not be added to that deposit again.
Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026) ↗Put the rules to work
See how the rules fit your deposit dispute
Free analysis
Add the refund, charges and records. Review the deductions and possible remedies with an explanation tied to your facts.
Full case package $29-$49
Turn your case into a demand letter, organized exhibits and a next-step plan. Review the analysis before deciding to buy.
Your entered dates and deposit amount carry forward. Additional timing details are saved in case notes. The next step asks for the refund and charges so you can build on this check.
Choose your next step
Small-claims limit: $7,500. Filing: $31-$55 by claim size. The court guide explains the applicable limits and additional costs.
Questions about Colorado deposit rights
How long does a Colorado landlord have to return a security deposit?
30 days (HB25-1249 replaced 'one month' effective Jan 1, 2026) after lease termination or surrender and acceptance, whichever occurs last; the lease may extend the period up to 60 days.
Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026) ↗See the timing rules →What happens if my landlord does not follow the deposit return rules in Colorado?
Failure to comply with the section's requirements, or otherwise wrongfully withholding, means the landlord 'forfeits the landlord's rights to withhold any portion of the security deposit' (§ 38-12-103(2), as amended); wrongful retention then triggers treble damages if the deposit still isn't returned within 7 days of the tenant's demand and notice of intent to sue. Keep proof of the dates, any refund, and the itemized statement.
Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026) ↗Understand the possible recovery →What accounting should I ask for in Colorado?
A written statement listing the exact reasons for retention must accompany payment of the balance. Since Jan 2026, no retention for normal wear and tear (expanded definition), pre-existing damage, carpet replacement (unless substantial irreparable damage beyond normal wear - and only if the carpet was replaced with new carpet within the 10 years before termination, § 38-12-103(11)), or repainting (unless substantial damage). Since Jan 2026: on tenant request the landlord must produce within 14 days all relevant documentation in their possession - photos, inspection reports, receipts, invoices, or estimates (HB25-1249).
Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026) ↗