Colorado Security Deposit: Your Deadline and Next Step

The landlord says you owe more than the deposit. What now?

Answer the landlord in writing and identify each disputed charge. Choose the "My landlord says I owe more" tab above. Ask for an itemized explanation and keep your response in writing.

A debt collector's notice and a credit report dispute have separate federal rules. Check whether those situations apply to you:

A debt collector's validation notice must state that the debt is assumed valid unless you dispute it within 30 days after receiving the notice. 15 U.S.C. § 1692g(a)(3): unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector

If you dispute the debt in writing within that 30-day period, the collector must stop collecting the disputed part until it mails you verification. 15 U.S.C. § 1692g(b): If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt

If a disputed debt appears on your credit report, you can dispute it with the credit reporting agency, which must reinvestigate free of charge. 15 U.S.C. § 1681i(a)(1)(A): if the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation

What can a landlord deduct in Colorado?

Colorado law names a specific rule for 2 of 6 common charges (cleaning and unpaid rent and fees). For the others, the general wear-and-tear rule applies.

See the Colorado deduction guide.

I never did a move-in inspection. How do I prove the condition?

Collect move-out photos, messages, witnesses, and repair invoices. Put them in date order before responding.

Where do you file if the letter does not work?

Small claims court in Colorado hears claims up to $7,500. You can ask for up to $7,500 there, or file for the full amount in Small Claims Court (Small Claims Division of the County Court). Check the court and fees.

The state record lists a 3-year period to sue. Check when your claim accrued before counting from it.

What happens if the landlord misses the deadline?

Treble (3x) the amount of the security deposit portion wrongfully withheld, plus reasonable attorney fees and court costs. As of the 2026 amendment (HB25-1249), 'willful' retention was replaced with 'wrongful' retention as the trigger (C.R.S. 38-12-103(3)(a)), and a landlord is deemed to have wrongfully withheld a deposit if the landlord: (a) fails to timely provide the written statement/documentation, (b) provides a statement that fails to list exact reasons, (c) fails to return the difference owed within the deadline, or (d) retains the deposit 'in bad faith' (defined in new subsection (3.5) as retaining an amount that unreasonably exceeds actual damages - presumed if 125%+ of actual damages - retained without actual cause, an amount the landlord knew/should have known exceeded actual damages, or retained for an unlawful/retaliatory/discriminatory purpose). Tenant must first give the landlord written notice/demand and 7 days' notice of intent to sue before filing; treble damages/attorney fees are only recoverable if the landlord fails to return the full deposit or withheld portion within 7 days of that demand (new subsection (3)(c)). If a landlord retained in good faith, complied with all requirements, but a court finds the retained amount exceeded actual damages, liability is limited to the excess amount plus court costs only (no treble damages) - new subsection (3.5)(d). Keep statutory damages separate from the deposit and other actual damages.

Colorado is one of 36 states where the law sets a multiple of the deposit.

With a deposit of $1,822 (median county rent), a claim for the deposit plus the maximum penalty is $7,288; fits under the $7,500 small claims limit.

How does Colorado's deadline compare with other states?

Colorado's return deadline is 30 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.

Source: state statute records · checked 2026-07-06 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

Statute text, sources and changes

Sources

• https://leg.colorado.gov/bill_files/40829/download · accessed 2026-07-06
• https://leg.colorado.gov/bills/HB25-1249 · accessed 2026-07-06
• https://law.justia.com/codes/colorado/title-38/tenants-and-landlords/article-12/part-1/section-38-12-103/ · accessed 2026-07-06
• https://colorado.public.law/statutes/crs_38-12-103 · accessed 2026-07-06

Download these values (CSV) Copy citation

Changes

• 2026-07-06: Record verified against the cited statute.

Verified 2026-07-06 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6