Colorado security deposit: what your landlord owes you
Colorado's deposit law changed on January 1, 2026, and many websites still show the old rules. Landlords now have 30 days to return your deposit or explain each deduction in writing. Wrongful withholding can cost them three times the amount, plus attorney's fees, but only after you send a written demand at least 7 days before suing.
Find out what your landlord owes you
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Get the full Colorado deposit kit for $19
- Your complete demand letter, filled in and citing C.R.S. 38-12-103
- A follow-up letter if they ignore the first one
- Step-by-step Colorado small claims guide (Colorado County Court (small claims))
- Sending and deadline checklist
Your Colorado deposit kit
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1. Demand letter
2. Follow-up letter (send only if they don't respond)
3. How to send it
- This letter is your required 7-day written demand. Send it by first-class mail and certified mail (return receipt), and email a copy, so you can prove when it was received. Don't file suit until at least 7 days after that.
- Keep a copy of the letter for yourself.
- Send it by certified mail with return receipt, or another trackable method, so you can prove when it arrived. Email a copy too if you've emailed your landlord before.
- Put a reminder on your calendar for the pay-by date in the letter.
- Gather your evidence now: lease, move-in and move-out photos, any move-in checklist, rent receipts, and all messages with the landlord.
4. If they still don't pay: Colorado County Court (small claims)
- Wait at least 7 days after the landlord receives your demand letter. If they pay in full within that time, triple damages no longer apply.
- File a small claims Notice, Claim and Summons (the clerk or the Colorado courts self-help site has the form) with the small claims division of the County Court where the landlord lives or does business. Claims up to $7,500.
- Pay the filing fee, which depends on the amount claimed. Ask the clerk about a fee waiver if needed.
- Serve the landlord as the court instructs.
- Bring your lease, photos, proof of move-out, any written statement you received, your demand letter and proof of when it was received.
Colorado security deposit rules at a glance
| Which rules apply | The rules below apply to conduct on or after January 1, 2026 (HB25-1249). Earlier move-outs follow the older version of the law. |
|---|---|
| Deadline | 30 days after the lease ends or you surrender the unit, whichever is later. A lease can extend this to no more than 60 days (C.R.S. 38-12-103(1)). |
| Written statement | If anything is kept, a written statement listing the exact reasons for each deduction, delivered by the deadline. |
| If the landlord misses it | The landlord forfeits the right to withhold any portion of the deposit (38-12-103(2)). |
| Penalty | Treble the amount wrongfully withheld, plus reasonable attorney's fees and court costs (38-12-103(3)). |
| Required first step | A written demand and notice of intent to sue at least 7 days before filing. If the landlord pays in full within 7 days of receiving it, triple damages are off the table. |
| Normal wear and tear | Can't be deducted, and now includes ordinary uncleanliness (38-12-102(4)). |
| Deposit cap | No more than two months' rent (38-12-102.5). |
| Small claims | County small claims court, up to $7,500 (C.R.S. 13-6-403). |
Mistakes that cost Colorado renters their deposit
- Suing before the 7 days are up. Triple damages require a written demand and notice of intent to sue at least 7 days before filing, counted from when the landlord receives it.
- Using the old rules. Many sites still say "one month" and "willful." For conduct since January 1, 2026, it's 30 days and "wrongful" withholding.
- Ignoring a longer lease deadline. Your lease can extend the deadline up to 60 days. Check it before you send your letter.
- Claiming over $7,500 in small claims. Triple damages can push a claim past the limit. You can waive the excess or file in county court instead.
Common questions
How long does a Colorado landlord have to return a security deposit in 2026?
30 days after the lease ends or you surrender the unit, whichever is later, or up to 60 days if the lease says so (C.R.S. 38-12-103(1), as amended effective January 1, 2026).
What is the penalty for wrongfully keeping a deposit in Colorado?
Treble the amount wrongfully withheld, plus reasonable attorney's fees and court costs (C.R.S. 38-12-103(3)). You must first send a written demand and notice of intent to sue at least 7 days before filing.
Do I have to send a demand letter in Colorado?
Yes, to seek triple damages. The statute requires written notice of your demand and intent to file legal proceedings at least 7 days before you file.
What is the small claims limit in Colorado?
$7,500 (C.R.S. 13-6-403).