Colorado landlords are required by law to return your security deposit within 30 days of the end of your tenancy. If they fail to do so, or if they make improper deductions, they can be held liable for 3× wrongfully withheld + attorney fees under §38-12-103. This guide explains exactly how to get your money back.
Colorado Security Deposit Law: Key Facts
Under §38-12-103, your landlord must:
- Return your deposit within 30 days of move-out
- Provide an itemized statement of any deductions with receipts
- Pay the full deposit back if no deductions are made in writing within the deadline
Penalty for violation: 3× wrongfully withheld + attorney fees
What Can a Colorado Landlord Deduct?
Colorado landlords may only deduct for:
- Unpaid rent — Any rent you legitimately owed at move-out
- Damage beyond normal wear and tear — This means actual damage you caused (holes in walls, broken fixtures) — NOT normal wear (carpet worn from use, minor scuffs on paint)
- Cleaning — But only if the unit requires extraordinary cleaning beyond what a normal move-out requires
- Other costs explicitly permitted by your lease and §38-12-103
What landlords CANNOT deduct for:
- Normal wear and tear (faded paint, carpet wear, minor scuffs)
- Repairs that were pre-existing before you moved in
- Anything not documented in an itemized statement within 30 days
Step 1: Document Everything at Move-Out
Before you leave, take a video walkthrough of the entire unit. Photograph every room, every appliance, inside every cabinet. This evidence is crucial if your landlord tries to claim damage you didn't cause.
If possible, do the walkthrough WITH your landlord and get their signature on a move-out checklist.
Step 2: Send a Formal Demand Letter
If your landlord fails to return your deposit within 30 days, or sends an itemized statement you believe is incorrect, you have the right to dispute it in writing.
A formal Security Deposit Demand Letter should include:
- Your name, former address, and current mailing address
- The date you moved out
- The exact amount of deposit you paid
- A reference to §38-12-103 and the 30-day deadline
- A demand for the full deposit (or a specific itemized dispute)
- A clear deadline for them to respond (14 days is standard)
- Notice that you will pursue legal action if unresolved
Generate your Colorado Security Deposit Demand Letter →
Step 3: File in Colorado Small Claims Court
If the landlord ignores your letter or refuses to pay, Colorado small claims court is your next step. The filing fee is approximately $31–$55, and the maximum claim is $7,500. No lawyer required.
What to bring to court:
- Copy of your lease agreement
- Move-in and move-out photos/videos
- Copy of your demand letter (and proof you sent it)
- Any communication from your landlord
- Your bank statement showing the deposit payment
The judge will typically ask the landlord to justify every deduction with receipts. If they can't, you win.
Frequently Asked Questions
How many days does a Colorado landlord have to return my security deposit?
30 days under §38-12-103.
What is the penalty if a Colorado landlord wrongfully keeps my deposit?
The penalty is 3× wrongfully withheld + attorney fees under §38-12-103. This is in addition to the return of your original deposit.
Can I sue my landlord in Colorado small claims court over a security deposit?
Yes. Colorado small claims court handles deposit disputes up to $7,500. Filing fee is approximately $31–$55. You do not need a lawyer.
What if my landlord sends an itemized list within 30 days but I disagree?
You still have the right to dispute specific deductions. Write a formal dispute letter citing which deductions you reject and why. If unresolved, file in small claims court with your evidence.
Related Resources
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