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C.R.S. § 38-12-103(2.5), (3), (3.5): The statute defines wrongful and bad-faith withholding, places proof burdens on the landlord, and provides a conditional treble remedy after the required notice

Compare this Colorado source with your dates, records, and the conditions that apply to your rental.

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

The statute defines wrongful and bad-faith withholding, places proof burdens on the landlord, and provides a conditional treble remedy after the required notice.

Read the current official section

How to review this source with your facts

  • Track timeline gaps, disputed charges, records supplied, and communications without inferring intent.
  • Read the exact current standard and discuss fact-specific application with licensed counsel.
  • Keep your supporting records ordered and date-stamped.

Frequently asked questions

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

What does C.R.S. § 38-12-103(2.5), (3), (3.5) address?

The statute defines wrongful and bad-faith withholding, places proof burdens on the landlord, and provides a conditional treble remedy after the required notice. 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.