How to get your security deposit back in Colorado.

The Colorado deposit return deadline

Colorado law gives landlords a limited window to return a security deposit after a tenancy ends, and since January 1, 2026 it also spells out the only causes for which a landlord may keep any of it. Understanding the deadline, the permitted causes, and what must accompany any amount kept is the foundation of every deposit dispute.

How long the landlord has

In Colorado, a landlord must return the full security deposit within 30 days after the lease terminates or the tenant surrenders the unit. The lease can extend that window, but the statute caps any lease-specified period at 60 days. This rule sits in C.R.S. 38-12-103(1)(a), as rewritten by HB25-1249 effective January 1, 2026. One transitional note: conduct before January 1, 2026 fell under the prior version of the statute, which stated the deadline as one month.

When the clock starts

The 30-day period runs from the termination of the lease or the surrender of the premises, whichever occurs last. Dated proof of your move-out, such as a key-return receipt or a written confirmation from the landlord, pins down when the clock started.

What the landlord may keep, and the written statement

Under the rewritten statute, a landlord may retain deposit money only for an actual cause: nonpayment of rent, unpaid utilities, other lawful charges under the lease, or necessary repairs beyond normal wear and tear that did not preexist the tenancy. Any retention must come with a written statement of the exact reasons, delivered together with the remaining balance of the deposit inside the same 30-day or lease-specified window, C.R.S. 38-12-103(1)(a)-(b). Keep any statement your landlord sends, along with the envelope or the date you received it; it is direct evidence in your case.

The statute also draws hard lines on two common deductions. A landlord may retain deposit money for full-unit carpet replacement or full-unit repainting only where there is substantial damage beyond normal wear and tear, and carpet that was not replaced within the preceding 10 years cannot be deemed substantially and irreparably damaged. These limits sit among the provisions HB25-1249 added at C.R.S. 38-12-103(1.5), (2.5), (3.5), (8), and (11).

Your documentation and walk-through rights

If the landlord keeps any of your deposit, you can ask in writing for the documentation supporting the retention, such as photos, reports, receipts, invoices, or estimates, and the landlord must provide it within 14 days of your request, C.R.S. 38-12-103(8). Separately, either party may request a walk-through inspection of the unit before move-out, which builds a shared record of the unit's condition. These rights apply to terminations or surrenders on or after January 1, 2026.

The seven-day notice before a deposit lawsuit

Colorado pairs its strongest deposit remedy with a precondition that is easy to miss. Before filing suit over wrongful withholding, the tenant must demand the money back, tell the landlord the lawsuit is coming, and give the landlord seven days to pay.

What the statute requires

Under C.R.S. 38-12-103(3)(a) and (3)(c), as amended by HB25-1249, a tenant must notify the landlord of the tenant's demand for return of the deposit and the tenant's intent to file a lawsuit at least seven days before filing a wrongful-withholding claim. The demand and notice come before the filing, not with it, and the treble-damages action described in the next section is available only if the landlord fails to return the deposit or the withheld portion within seven days after receiving them.

Why the notice matters

The demand and seven-day notice are the statute's precondition for the treble-damages claim described in the next section, and the seven days after the landlord receives them are the landlord's last chance to return the money before that exposure attaches. Building the demand and notice into your timeline, in writing and with dated proof of delivery, protects the strongest remedy Colorado's deposit statute offers.

The demand letter

Because the statutory notice must include the demand for return, many renters fold everything into one document: a dated letter stating the move-out date, noting that the return deadline has passed, demanding return of the deposit, and stating the intent to file suit if the money is not returned. Certified mail with return receipt requested creates proof of what was sent and when. A demand letter sometimes produces a refund without a filing, and it shows the court you tried to resolve the matter first.

What you can recover

Colorado law does not limit your recovery to the deposit itself. When a landlord wrongfully withholds money and does not return it after your demand, the statute adds real consequences, and it puts the burden of proof on the landlord.

The deposit itself

The starting point is the wrongfully withheld portion of your deposit. Whether a withholding was wrongful is measured against the statute and the facts of the tenancy, and the landlord bears the burden of proving both that the withholding was not wrongful and that the landlord complied with the statute, C.R.S. 38-12-103(3)(a)-(c). That is why the dated records described on this page carry so much weight.

Treble damages for wrongful withholding

Under C.R.S. 38-12-103(3)(a), as amended by HB25-1249, the wrongful retention of a deposit makes the landlord liable for treble the amount wrongfully withheld: three times the money kept, not just the deposit back. The remedy is available only if the tenant gave the landlord the demand for return and seven-day notice of intent to sue before filing, and the landlord failed to return the deposit or the withheld portion within seven days after receiving them.

The bad-faith line, including the 125 percent presumption

The rewritten statute also defines what counts as retention in bad faith. Keeping an amount that unreasonably exceeds the landlord's actual damages is bad faith, and retention of 125 percent or more of actual damages is presumed to be bad faith. Keeping money without an actual cause listed in the statute, or for an unlawful, retaliatory, or discriminatory purpose, is bad faith as well. These provisions sit among the additions HB25-1249 made at C.R.S. 38-12-103(1.5), (2.5), (3.5), (8), and (11).

Attorney fees and court costs

The same provision makes a wrongfully withholding landlord liable for reasonable attorney fees and court costs in addition to the treble amount. In the Small Claims Division, where attorneys generally do not appear, the treble remedy and costs do most of the work; in a county court civil case, the fee provision matters more.

Where Colorado renters file

Colorado gives deposit claims two civil paths: the Small Claims Division of the County Court for smaller amounts, and a county court civil case for larger ones.

The Small Claims Division of County Court

The Small Claims Division of the County Court hears claims for $7,500 or less, exclusive of interest and costs, under C.R.S. 13-6-403(1)(a). There are no jury trials, and the process is built for people presenting their own cases. A small claims case is filed in the county where the defendant lives or works or where the property is located.

What to file

A case starts when you complete and file JDF 250, the Small Claims Notice, Claim, and Summons, and pay the filing fee; the clerk fills in the trial date at filing. On the statewide judiciary schedule, the complaint fee is $31 for claims of $500 or less and $55 for larger claims. The defendant must be notified at least 15 days before trial, either by personal service, which may be made by the sheriff, a private process server, or any adult 18 or older who is not a party and not a family member of a party, since a plaintiff cannot serve their own papers, or by the clerk's certified mail, which the official guide describes as not the preferred method. Confirm current fees and any county details with the clerk before filing.

Lawyers in small claims

Attorneys generally may not appear in Colorado small claims court under C.R.S. 13-6-407. The statute carries exceptions: a party that is an entity appears through a full-time officer, employee, active general partner, or active member, and property managers may appear in certain landlord-tenant matters. That last exception means the person appearing for your landlord in a deposit case may be a property manager. Two more exceptions matter. Once an attorney properly appears for one side, the other party may also retain counsel under C.R.S. 13-6-407(4); a sued defendant does this by filing JDF 256, the Notice of Representation, at least 7 days before the trial date. And for a defaulted defendant in military service, the court must appoint an attorney before judgment can enter under C.R.S. 13-6-407(3).

Larger claims and fee waivers

A deposit claim above the $7,500 small-claims limit can be brought as a county court civil money claim. On the Judicial Branch schedule, the plaintiff filing fee is $95 for claims under $1,000, $115 for claims from $1,000 up to $15,000, and $145 for claims from $15,000 to $25,000; confirm the current schedule before relying on it. A filer who cannot afford a fee can request a waiver with JDF 205, the motion and financial affidavit, and JDF 206, the order; in small claims, recipients of certain public assistance may instead file JDF 209. Court Self-Help Resource Centers and volunteer Court Navigators at many courthouses explain forms and procedure, though they do not give legal advice.

Steps to get your deposit back

Work through these steps in order. Each one builds the record you will need if the dispute goes to court, and many disputes resolve before they get that far.

Step 1: Document the move-out

Before you hand over the keys, take dated photographs of every room, every wall, every appliance, and every fixture. Keep your lease, rent receipts, proof of your deposit payment, and any written communications about the condition of the unit. Either party may request a walk-through inspection of the unit before move-out, which builds a shared record of its condition. Dated proof of your move-out, such as a key-return receipt, pins down when the return deadline started running.

Step 2: Send a written demand letter and request the landlord's documentation

A dated letter stating your move-out date, noting that the deposit return deadline has passed, and requesting the deposit by a specific date documents that you asked and sometimes resolves the dispute without a filing. If the landlord has kept any of the deposit, you can also request the landlord's supporting documentation, such as photos, reports, receipts, invoices, or estimates, in writing; the statute gives the landlord 14 days to provide it, C.R.S. 38-12-103(8). Certified mail with return receipt requested creates proof of what was sent and when. Keep the copy and the mailing receipt.

Step 3: Send the demand for return and the seven-day notice of intent to sue

Colorado's deposit statute requires a tenant to notify the landlord of the tenant's demand for return of the deposit and intent to file suit at least seven days before filing a wrongful-withholding claim, C.R.S. 38-12-103(3)(a) and (3)(c). The treble-damages remedy described above is available only if the landlord fails to return the deposit or the withheld portion within seven days after receiving the demand and notice, so keep dated proof of when they were delivered.

Step 4: File in the Small Claims Division of County Court

If the landlord does not return the money within seven days after receiving your demand and notice, complete JDF 250, the Small Claims Notice, Claim, and Summons, and file it with the clerk in the county where the landlord lives or works or where the property is located; the clerk fills in the trial date. Arrange service so the defendant is notified at least 15 days before trial. Claims above the $7,500 small-claims limit can be filed as county court civil cases.

Step 5: Prepare for the hearing and consider legal help

Organize your evidence around two questions: did the landlord meet the 30-day or lease deadline with the required written statement of the exact reasons for any amount kept, and was any withholding wrongful. Bring copies for the court and the other side. Court Self-Help Resource Centers and volunteer Court Navigators explain forms and procedure, though they do not give legal advice. For large or complex claims, or a claim headed to county court civil where the landlord may be represented, consulting a Colorado-licensed attorney is worth considering, and legal-aid organizations such as Colorado Legal Services serve income-eligible tenants. Hello Court can help you connect with a Colorado-licensed attorney.

Frequently asked questions

How long does a landlord have to return a security deposit in Colorado?

In Colorado, a landlord must return the security deposit within 30 days after the lease terminates or the tenant surrenders the unit, whichever comes last. The lease can set a longer period, but the statute caps any lease-specified period at 60 days. If the landlord keeps any portion, it must be for an actual cause listed in the statute, and a written statement of the exact reasons must be delivered with the remaining balance. C.R.S. 38-12-103(1)(a)-(b), as amended by HB25-1249, sets these rules.

What can I recover if my Colorado landlord wrongfully keeps my deposit?

Under Colorado's security deposit statute, the wrongful retention of a deposit makes the landlord liable for treble the amount wrongfully withheld, plus reasonable attorney fees and court costs. To pursue that remedy, the tenant must first give the landlord a demand for return of the deposit and at least seven days' notice of intent to file the lawsuit, and the treble claim is available only if the landlord fails to return the deposit or the withheld portion within seven days after receiving that demand and notice. The landlord bears the burden of proving that the withholding was not wrongful and that the landlord complied with the statute, and consulting a Colorado-licensed attorney can help you understand what a case is worth before filing.

Do I have to notify my landlord before filing a deposit lawsuit in Colorado?

Yes. Colorado's security deposit statute requires the tenant to notify the landlord of the tenant's demand for return of the deposit and intent to file suit at least seven days before filing a wrongful-withholding claim, C.R.S. 38-12-103(3)(a) and (3)(c), and the treble-damages action lies only if the landlord fails to return the money within seven days after receiving that demand and notice. Sending the demand and notice in writing, many renters use certified mail, and keeping dated proof of when and how they were delivered builds the record for the case.

Can my lease give the landlord longer than 30 days to return my deposit?

Yes, within a limit. The 30-day deadline applies unless the lease specifies a longer period, and the statute caps any lease-specified period at 60 days. Reading the deposit clause of your lease tells you which deadline governs your tenancy.

Where do Colorado renters file a security deposit claim?

Many Colorado deposit claims fit in the Small Claims Division of the County Court, which hears claims for $7,500 or less, exclusive of interest and costs, under C.R.S. 13-6-403(1)(a). The case is filed in the county where the defendant lives or works or where the property is located, using JDF 250, the Small Claims Notice, Claim, and Summons. A claim above the small-claims limit can be brought as a county court civil money claim.

What does it cost to file a deposit case in Colorado?

On the statewide judiciary schedule, a small-claims complaint costs $31 for claims of $500 or less and $55 for larger claims up to the $7,500 limit. A county court civil money claim costs $95, $115, or $145 depending on the amount claimed. A filer who cannot afford a fee can request a waiver with JDF 205 and JDF 206, and in small claims recipients of certain public assistance may instead file JDF 209. Fees change; confirm the current schedule with the Colorado Judicial Branch before filing.

Can a lawyer represent me in Colorado small claims court?

Generally no. Under C.R.S. 13-6-407, attorneys generally may not appear in the Small Claims Division, with exceptions: a party that is an entity appears through a full-time officer, employee, active general partner, or active member; property managers may appear in certain landlord-tenant matters; once an attorney properly appears for one side, the other party may also retain counsel under C.R.S. 13-6-407(4), with a sued defendant filing JDF 256 at least 7 days before the trial date; and for a defaulted defendant in military service, the court must appoint an attorney before judgment can enter under C.R.S. 13-6-407(3). Claims filed as county court civil cases rather than small claims are not subject to that exclusion, and Hello Court can help you connect with a Colorado-licensed attorney for a case that calls for one.