C.R.S. §§ 38-12-102(4), 38-12-103(1): Deposit funds cannot be retained for normal wear and tear or a condition that predated the tenancy

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Reviewed: 2026-08-11

How sources are checked →

Deadline context

30-60 days

Possible remedy

3x wrongfully withheld after 7-day notice

Primary statute

C.R.S. § 38-12-103

Official section source

What the cited source addresses

Deposit funds cannot be retained for normal wear and tear or a condition that predated the tenancy.

Read the current official section

How to review this source with your facts

Document ordinary aging versus true damage with photos.
Challenge deductions for paint, carpet wear, and routine turnover items.
Review age, prior condition, repairability, actual cost, and betterment when relevant under the controlling rule.

Frequently asked questions

Questions to compare with the current source before using the citation in a letter or filing.

What does C.R.S. §§ 38-12-102(4), 38-12-103(1) address?

Deposit funds cannot be retained for normal wear and tear or a condition that predated the tenancy. Open the current official text to check coverage, definitions, and exceptions for your situation.

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

30 days (up to 60 if specified in lease) (30-60 days).

Could a penalty or other remedy apply?

Treble the amount wrongfully withheld, plus reasonable attorney fees and court costs, if the landlord does not return it within seven days after the required demand and notice of intent to sue. Check the source's required facts, conditions, notices, defenses, and remedy language before relying on it.

Next steps

Check the current source, calculate the relevant dates, and organize the records you may reference.

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