Getting the Deposit Back
C.R.S. 38-12-103 — thirty days, or up to sixty if the lease says so, and treble for a deposit wrongfully kept
A Colorado landlord may not require a security deposit of more than two monthly rent payments under the rental agreement.
Who handles this in Colorado: Colorado Legal Services, Get Help and Colorado Legal Services; and legal aid programs and the state offices, listed in the Colorado directory.
Within thirty days after the lease ends or the premises are surrendered, whichever is later, the landlord returns the full deposit, unless the lease sets a longer period, which may not exceed sixty days. Normal wear and tear, and damage that existed before the tenancy, are never reasons to keep any of it.
Where there is actual cause to keep part of it, the landlord gives a written statement listing the exact reasons, with the balance. Carpet replacement and full interior painting are not actual cause unless the damage is substantial, beyond normal wear and tear, and did not exist before.
Treble, after a seven day demand. A landlord who wrongfully keeps a deposit forfeits the right to keep any of it and is liable for treble the amount wrongfully withheld, with reasonable attorney fees and court costs. The tenant first gives notice of the demand and of an intent to go to court, and may sue for treble damages only if the landlord does not return the money within seven days after receiving it.
Sources for this section (2)
- C.R.S. 38-12-102.5 — Security deposits - maximum amount - exception for post-closing occupancy agreements - rules
- C.R.S. 38-12-103 — Return of security deposit
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Colorado attorney.