DisputeKit / Colorado
How long does a Colorado landlord have to return a security deposit?
30 days. Under Colorado Revised Statutes § 38-12-103, as amended by House Bill 25-1249 (effective January 1, 2026), a landlord must return the full security deposit, or send a written statement listing the exact reasons for keeping any part of it together with the balance and any required documentation within 30 days. The clock starts when you move out and hand back possession of the unit. If they miss that deadline, they lose the right to keep any part of the deposit. A court may also award three times the amount of the deposit wrongfully withheld, plus reasonable attorney fees and court costs, if the landlord does not return the money within seven days after the tenant's written demand and notice of intent to sue.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 30 days run from the end of the lease or the tenant's surrender of the premises, whichever happens last.
- The lease may give the landlord a longer period, but never more than 60 days; if the lease sets a longer period, use the lease date.
- The landlord may send the statement and refund to the tenant's last-known address or to any email address of the tenant the landlord knows about, so the tenant should give a forwarding address.
What Colorado law says about deductions and your rights
- Since January 1, 2026 (House Bill 25-1249) the default deadline is 30 days instead of one month, for leases ending or premises surrendered on or after that date.
- Before suing for triple damages, the tenant must notify the landlord in writing of the demand for return of the deposit and the intention to go to court, at least seven days before filing.
- A landlord may keep reasonable amounts only for unpaid rent, unpaid utilities, other lawful charges listed in the lease, and necessary repairs for damage beyond normal wear and tear that did not exist before the tenancy.
- Keeping 125% or more of the landlord's actual damages is presumed to be bad faith, and in court the landlord must prove the withholding was not wrongful.
- If the tenant asks in writing within 14 days after receiving the statement, the landlord must provide photos, inspection reports, receipts, invoices or estimates supporting the deductions.
- Whole-unit carpet replacement or repainting can be charged only for substantial damage beyond normal wear and tear; carpet more than ten years old cannot be treated as irreparably damaged.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Colorado is $7,500 in small claims court, not counting interest and costs, and the filing fee is $31 for claims up to $500 and $55 for claims from $500.01 to $7,500.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Colorado?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Colorado law allows a court to award three times the amount of the deposit wrongfully withheld, plus reasonable attorney fees and court costs, if the landlord does not return the money within seven days after the tenant's written demand and notice of intent to sue. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Colorado is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.