Landlord kept your deposit in Colorado? Here's what to do.
Colorado law is on your side: your landlord had 30 days under Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026) to return your deposit or itemize deductions. The playbook below is how tenants actually get the money back — usually without a lawyer.
The four steps, in order
- 1
Pin down the deadline
Count 30 days from your move-out date. Failure to provide the written statement in time 'shall work a forfeiture of all his rights to withhold any portion of the security deposit' (§ 38-12-103(2)); willful retention then triggers treble damages. If the deadline already passed with no refund and no itemized statement, write that date down — the missed deadline is often a stronger claim than arguing about any individual charge.
- 2
Gather your evidence
Lease, move-in/move-out photos or video, every message with the landlord, and the itemized statement if you got one. No photos? You are not out of luck — the landlord bears the burden of proving damage beyond normal wear and tear , and Colorado has documentation rules working for you: 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).
- 3
Send a certified-mail demand letter
A formal letter citing Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026), disputing improper charges line by line, and giving a 14-day deadline resolves most cases — landlords settle when they see you know the statute. Willful retention makes the landlord liable for treble the portion wrongfully withheld plus attorney fees and costs (§ 38-12-103(3)(a)). The tenant MUST first send written notice of intent to sue at least 7 days before filing — the landlord's final cure window. The landlord bears the burden of proving the withholding was not wrongful; since Jan 2026 retaining 125%+ of actual damages is presumed bad faith. That exposure is your leverage: put it in the letter.
- 4
File in Small Claims Court (County Court division)
If they ignore you, sue in Small Claims Court (County Court division) — up to $7,500, filing fees around $31–$55 by claim size, no lawyer needed. Bring a numbered evidence binder and a one-page damages summary; deposit cases are among the most tenant-friendly matters on the small-claims docket.
What's actually deductible — and what isn't
Ordinary wear and tear is never deductible: faded paint, small nail holes, carpet worn by normal use. Legitimate deductions are limited to damage beyond normal use, unpaid rent, and charges the statute allows. Flat cleaning fees without receipts, the landlord's own labor billed by the hour with no records, repainting after a multi-year tenancy, and re-renting costs are the charges tenants dispute — and win — most often.
Frequently asked questions
What should I do first if my landlord kept my deposit in Colorado?
Check the statutory deadline. 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. If the deadline has passed with no refund or itemized statement, that failure itself is often your strongest claim — document the date you moved out and everything you have received since.
Do I need a lawyer to get my deposit back in Colorado?
Usually not. Most deposit disputes settle after a formal demand letter citing Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026), and if not, Small Claims Court (County Court division) (up to $7,500) is designed for self-represented tenants — filing fees run $31–$55 by claim size.
What if I don't have move-in photos?
You can still win. The burden of proving damage beyond normal wear and tear is on the landlord, and procedural failures — a missed deadline, no itemized statement, no receipts — don't depend on photos. Gather your lease, messages, and any witnesses instead.
What can I recover if the landlord acted in bad faith in Colorado?
Willful retention makes the landlord liable for treble the portion wrongfully withheld plus attorney fees and costs (§ 38-12-103(3)(a)). The tenant MUST first send written notice of intent to sue at least 7 days before filing — the landlord's final cure window. The landlord bears the burden of proving the withholding was not wrongful; since Jan 2026 retaining 125%+ of actual damages is presumed bad faith.
Turn this playbook into your case — in 20 minutes
Enter your dates, deposit, and the landlord's charges; get a charge-by-charge analysis against Colo. Rev. Stat. § 38-12-103 (as amended by HB25-1249, eff. Jan 1, 2026), a certified-mail-ready demand letter, an evidence pack, and dated next steps.
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