Getting Your Security Deposit Back in Colorado
My landlord won't return my deposit — here's what Colorado law says and what to do next.
Statute: Colo. Rev. Stat. § 38-12-103
Deadline: 30 days
Penalty: Landlord may be liable for treble (3×) the amount wrongfully withheld, plus attorney fees, for willful retention
What is getting your security deposit back?
When you move out, your landlord must return your security deposit within a specific timeframe set by your state's law. They can only deduct for legitimate reasons: unpaid rent, damage beyond normal wear and tear, or cleaning costs specifically allowed by your lease.
Your landlord cannot keep your deposit for normal wear (scuffed floors, faded paint, minor nail holes). Most states require landlords to provide an itemized list of any deductions.
What to Do If Your Landlord Won't Return Your Deposit
Step 1: Before moving out, take photos and video of every room. Date-stamp them. This documents the condition of the unit.
Step 2: Do a walkthrough with your landlord if possible. Get them to sign off on the condition of the unit, or note any disputes in writing.
Step 3: Provide your forwarding address in writing so the landlord knows where to send the deposit.
Step 4: If your landlord doesn't return the deposit within your state's deadline, send a demand letter via certified mail requesting the return.
Step 5: If they still won't return it, file in small claims court. Many states allow you to recover 2-3x the deposit amount as a penalty for wrongful withholding.
How Colorado differs from federal law
Colorado regulates security deposits with strong tenant protections:
- Maximum deposit: no statutory maximum for security deposits in Colorado (though some local ordinances may apply)
- Landlords are not required to hold the deposit in a separate account, but must maintain records
- Deposit must be returned within 30 days after the tenant moves out (or up to 60 days if specified in the lease)
- An itemized written statement of deductions must be provided
- If the landlord fails to return the deposit or provide a statement within the deadline, the landlord forfeits the right to withhold any portion and may owe treble damages (3x the withheld amount)
- Allowed deductions: unpaid rent, damage beyond normal wear and tear, cleaning necessary to restore the unit to move-in condition
- Landlords cannot charge for normal wear and tear
Additional steps in Colorado
If your landlord fails to return your deposit, send a written demand via certified mail. You can file in Colorado county court small claims division (up to $7,500). Contact Colorado Legal Services at (303) 837-1313. Treble damages are available under CRS § 38-12-103.
What you should NOT do
Don't leave without documenting. Without move-out photos, it's your word against the landlord's about the unit's condition.
Don't skip the demand letter. Courts want to see that you tried to resolve it before suing. A certified letter creates a paper trail.
Don't wait too long. Most states have a statute of limitations (2-6 years) for security deposit claims. File promptly.
Don't accept a partial return without reserving your rights. If you cash a partial refund check, note in writing that you're still disputing the deductions.
You shouldn't have to hire a lawyer to assert your rights.
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Generate your security deposit →This page is general legal information for Colorado, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Colorado.