Colorado Security Deposit Laws (2026)
Key rules for deadlines, penalties, and documentation requirements, with direct links to the official statute.
Deadline
30-60 days
30 days (up to 60 if specified in lease)
Penalty
3x
Treble (3x) damages + attorney fees for willful retention
Small claims limit
$7,500
County Court, Small Claims Division
Requirements
Move-in checklistNot required
Pre move-out inspectionNot required
Certified mailNot required
Forwarding addressNot required
Notes
- HB 25-1249 (effective Jan 1, 2026): Security deposit capped at 2 months' rent
- HB 25-1249 (effective Jan 1, 2026): Pet deposit capped at $300
- CRITICAL: Must send 7-day pre-suit notice to recover treble damages and attorney fees
- If lease specifies >60 days, clause is void and defaults to 30 days
- Failure to provide timely statement forfeits ALL rights to withhold any portion
Citations
Quick references pulled from our shared state law dataset. Always verify against the official statute.
- C.R.S. § 38-12-103(1) - Landlord must return deposit within 30 days (or up to 60 if in lease)
- C.R.S. § 38-12-103(1) - Landlord must provide written statement with exact reasons
- C.R.S. § 38-12-102(1) - Normal wear and tear cannot be retained
- C.R.S. § 38-12-103(2) - Failure to provide statement forfeits all rights to withhold
- C.R.S. § 38-12-103(3)(a) - Willful retention results in treble (3x) damages + attorney fees
- C.R.S. § 38-12-103(3)(a) - Tenant must give 7-day written notice before filing suit
- HB 25-1249 - Security deposit capped at 2 months' rent (effective Jan 1, 2026)
- HB 25-1249 - Pet deposit capped at $300 (effective Jan 1, 2026)
Next steps
Use free tools to estimate your deadline and prepare a demand letter.