Colorado · Security deposits · Updated Oct 2026
Colorado security deposit law
How much a landlord in Colorado can charge, the deadline to return a deposit, what may be deducted, the penalty for keeping it wrongly and how to get yours back.
Short answer
In Colorado, the deposit limit is: Two months' rent (since August 7, 2023). The landlord must return it as follows: Within 30 days after the lease ends or you surrender the unit, whichever is later (this has been '30 days' instead of 'one month' since January 1, 2026).
- deposit limit
- 2 months' rent
- to return a deposit
- 30 days
- deposit penalty
- Up to 3× (bad faith)
Security deposit in Colorado
- Limit
- Two months' rent (since August 7, 2023). A separate pet deposit may be no more than $300 and must be refundable; monthly pet rent may be no more than $35 or 1.5% of rent, whichever is greater.
- Deadline to return it
- Within 30 days after the lease ends or you surrender the unit, whichever is later (this has been '30 days' instead of 'one month' since January 1, 2026). The lease can allow a longer period, but never more than 60 days. The landlord may mail the refund and statement to your last known address, send them to an email address it knows you use, or, if you agree, pay by secure electronic transfer, so give your forwarding address in writing. If a mailed refund comes back, the landlord must hold it for at least one year and pay it within 15 days after you ask. If you moved out because the landlord did not fix a hazardous gas problem within 72 hours, the deposit is due within 72 hours.
- Itemized list
- Yes. If the landlord keeps any part, it must send a written statement listing the exact reasons, together with the rest of the money. Since January 1, 2026, if you ask in writing within 14 days after getting the statement, the landlord must also give you its documentation (photos, inspection reports, receipts, invoices or estimates). If the landlord does not follow these rules, it loses the right to keep any part of the deposit. C.R.S. § 38-12-103(1), (2), (8).
- What may be deducted
- Since January 1, 2026, only reasonable amounts for: unpaid rent or abandonment; unpaid utility charges; other lawful charges listed in the lease; and necessary repairs for damage beyond normal wear and tear that was not there when you moved in. Nothing may be kept for normal wear and tear or pre-existing damage, and lease clauses charging you for these are void. 'Normal wear and tear' includes ordinary deterioration, damage or dirt from normal use, but not leaving the unit substantially less clean than at move-in. Replacing all the carpet or repainting the whole unit is allowed only for substantial damage, and never for carpet more than 10 years old. Victims of domestic violence or stalking who end a lease under § 38-12-402 are not charged for damage caused by the abuser.
- Interest
- No. The statute does not require interest.
- Move-in checklist
- No move-in checklist is required. Since January 1, 2026 (HB25-1249), either you or the landlord may request a walk-through before the lease ends, after you have had a chance to remove furniture; it can be in person or by video.
- If the landlord keeps it wrongly
- If the landlord wrongfully keeps the deposit (since 2026 this includes missing the deadline, not listing exact reasons, not returning the balance on time, or keeping it in bad faith), you can recover three times the amount wrongly withheld, plus reasonable attorney fees and court costs. First send the landlord a written demand for the deposit saying you intend to sue; you can sue for triple damages only if the landlord does not return the money within 7 days after receiving it. Keeping 125% or more of the landlord's actual damages is presumed bad faith. The landlord must prove it followed the law and its actual damages. A landlord who acted in good faith but kept too much owes only the excess and court costs.
Get your deposit back, step by step
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In Colorado: The landlord may mail the refund and statement to your last known address, send them to an email address it knows you use, or, if you agree, pay by secure electronic transfer, so give your forwarding address in writing.
- Wait for the deadline: Within 30 days after the lease ends or you surrender the unit, whichever is later (this has been '30 days' instead of 'one month' since January 1, 2026).
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $7,500, not counting interest and costs. Small claims court in Colorado on Small Claims Map
Deposit return calculator for Colorado
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for Colorado
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Small claims court in Colorado
Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $7,500, not counting interest and costs.
Questions about security deposits in Colorado
How much can a landlord charge for a security deposit in Colorado?
Two months' rent (since August 7, 2023). A separate pet deposit may be no more than $300 and must be refundable; monthly pet rent may be no more than $35 or 1.5% of rent, whichever is greater.
How long does a landlord have to return a security deposit in Colorado?
Within 30 days after the lease ends or you surrender the unit, whichever is later (this has been '30 days' instead of 'one month' since January 1, 2026). The lease can allow a longer period, but never more than 60 days. The landlord may mail the refund and statement to your last known address, send them to an email address it knows you use, or, if you agree, pay by secure electronic transfer, so give your forwarding address in writing. If a mailed refund comes back, the landlord must hold it for at least one year and pay it within 15 days after you ask. If you moved out because the landlord did not fix a hazardous gas problem within 72 hours, the deposit is due within 72 hours.
What can I do if my landlord won't return my deposit in Colorado?
If the landlord wrongfully keeps the deposit (since 2026 this includes missing the deadline, not listing exact reasons, not returning the balance on time, or keeping it in bad faith), you can recover three times the amount wrongly withheld, plus reasonable attorney fees and court costs. First send the landlord a written demand for the deposit saying you intend to sue; you can sue for triple damages only if the landlord does not return the money within 7 days after receiving it. Keeping 125% or more of the landlord's actual damages is presumed bad faith. The landlord must prove it followed the law and its actual damages. A landlord who acted in good faith but kept too much owes only the excess and court costs.
What can a landlord deduct from a security deposit in Colorado?
Since January 1, 2026, only reasonable amounts for: unpaid rent or abandonment; unpaid utility charges; other lawful charges listed in the lease; and necessary repairs for damage beyond normal wear and tear that was not there when you moved in. Nothing may be kept for normal wear and tear or pre-existing damage, and lease clauses charging you for these are void. 'Normal wear and tear' includes ordinary deterioration, damage or dirt from normal use, but not leaving the unit substantially less clean than at move-in. Replacing all the carpet or repainting the whole unit is allowed only for substantial damage, and never for carpet more than 10 years old. Victims of domestic violence or stalking who end a lease under § 38-12-402 are not charged for damage caused by the abuser.
Does a landlord have to pay interest on a security deposit in Colorado?
No. The statute does not require interest.
What is the small claims limit in Colorado?
$7,500, not counting interest and costs.
More for Colorado renters
- All Colorado tenant rights
- Repairs: Colorado
- Eviction: Colorado
- Security deposit laws by state (2026)
- Guide: how to get your security deposit back
Security deposit in nearby states
- C.R.S. §§ 38-12-102, 38-12-102.5, 38-12-103 (as amended by HB25-1168 and HB25-1249), 38-12-104, 38-12-106
- Colorado Revised Statutes 2024, Title 13 (forcible entry and detainer, Art. 40)
- Colorado Division of Real Estate: HB25-1249 Summary
- Colorado Judicial Branch: Self-Help Forms
- Colorado Legal Services
- HB25-1249 as signed (Colorado General Assembly)
- HB25-1168 as signed (Colorado General Assembly)
- HB25-1090 as signed (Colorado General Assembly)
Last checked: Oct 2026.