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Colorado Security Deposit Law: Deadlines & Penalties

Colorado landlords must return the security deposit within 30 days after the lease ends or the tenant surrenders the unit, whichever is later. A lease can set a longer period, but never more than 60 days. Landlords can't deduct for normal wear and tear or for damage that existed before the tenancy, and since January 1, 2026 ordinary uncleanliness from normal use also counts as wear and tear, unless the unit is left substantially less clean than at move-in.

If the landlord keeps any part of the deposit, it must send a written statement listing the exact reasons for each deduction, along with the balance. Under changes that took effect January 1, 2026, a tenant can ask in writing for the landlord's relevant documentation, such as photos, inspection reports, receipts, invoices or estimates. Either side can also request a walk-through inspection before move-out.

Wrongful retention can make the landlord liable for three times the amount withheld, plus reasonable legal fees and court costs. Before suing for that amount, the tenant must give written notice of the demand and intent to file at least seven days in advance, and the landlord can avoid treble damages by returning the money within those seven days. In court the landlord carries the burden of proving the withholding was proper. Small claims court hears cases up to $7,500.

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Colorado: common questions

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

30 days after the lease ends or you surrender the unit, whichever is later. A lease may extend that period, but no lease can make it longer than 60 days, so check your lease for a specific deadline.

What can't a Colorado landlord deduct from my deposit?

Normal wear and tear, and any damage or defective condition that existed before you moved in. Under the 2026 changes, replacing carpet or repainting throughout the unit can be charged only for substantial damage beyond normal wear, and carpet more than ten years old can't be treated as irreparably damaged.

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

Three times the amount wrongfully withheld, plus reasonable legal fees and court costs. To claim treble damages you must first send written notice of your demand and intent to file legal proceedings at least seven days before filing, which this letter provides.

Can I use Colorado small claims court for a deposit dispute?

Yes. Colorado small claims court hears claims up to $7,500. Bring your lease, photos, any statement of deductions you received and proof that you mailed this letter at least seven days before filing.

Compare nearby states

StateReturn deadlineItemized listSmall claims limit
Colorado30 daysRequired$7,500
ArizonaSee statuteRequired$5,000
Kansas30 daysRequired$10,000
Nebraska14 daysRequired$7,500
New Mexico30 daysRequired$10,000
Oklahoma45 daysRequired$10,000

See all states

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