Colorado Security Deposit Demand Letter
Direct answer
In Colorado, the landlord must return the deposit within 30 days or 60 days (lease specifies a longer period (statute max 60 days)). The deadline is measured from this trigger: 30 days: Termination of the lease or surrender and acceptance of the premises, whichever occurs last; 60 days (lease specifies a longer period (statute max 60 days)): Termination of the lease or surrender and acceptance of the premises, whichever occurs last. The verified state formula is 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)..
Key facts
| Deadline | 30 days; trigger: Termination of the lease or surrender and acceptance of the premises, whichever occurs last |
|---|---|
| Deadline (branch 2) | 60 days (lease specifies a longer period (statute max 60 days)); trigger: Termination of the lease or surrender and acceptance of the premises, whichever occurs last |
| Penalty formula | 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). |
| Bad faith required | Yes |
| Itemization required | Yes |
| Documentation threshold | Any amount withheld requires a written statement listing the exact reasons for retention of any portion of the deposit, delivered with any refund due and (as of 2026) with relevant supporting documentation the landlord possesses; no dollar-amount trigger - applies to any withholding. |
| Interest on deposit | No |
| Maximum deposit | No statutory limit |
| Forwarding address required | No |
| Small claims limit | $7,500statewide in Small Claims Court (Small Claims Division of the County Court) |
| Statute citation | C.R.S. 38-12-103 and 38-12-104 (Colorado Security Deposit Refund Act, Title 38, Article 12, Part 1); as amended by HB25-1249, effective January 1, 2026 |
Statute says
"A landlord shall, within THIRTY DAYS after the termination of a lease or surrender OF A premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. A security deposit shall NOT be retained to cover normal wear and tear OR FOR ANY DAMAGE OR DEFECTIVE CONDITION THAT PREEXISTED THE TENANCY... The WRONGFUL retention of a security deposit in violation of this section RENDERS a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney fees and court costs; except that the tenant SHALL NOTIFY the landlord of THE TENANT'S DEMAND FOR THE RETURN OF THE SECURITY DEPOSIT AND intention to file legal proceedings AT LEAST seven days BEFORE filing THE action."
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite C.R.S. 38-12-103 and 38-12-104 (Colorado Security Deposit Refund Act, Title 38, Article 12, Part 1); as amended by HB25-1249, effective January 1, 2026 and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Colorado is $1,822 according to US Census Bureau, American Community Survey 1-Year Estimates, Table B25064 (Median Gross Rent) data as of .
- Denver-Aurora-Centennial, CO Metro Area: $1,943
- Boulder, CO Metro Area: $1,966
- Colorado Springs, CO Metro Area: $1,761
- Fort Collins-Loveland, CO Metro Area: $1,751
- Greeley, CO Metro Area: $1,579
Example demand basis: a deposit equal to the state median rent starts at $1,822 before applying the state formula: 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)..
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| El Paso County | El Paso County Court (Small Claims Division, 4th Judicial District Combined Court), Colorado Springs | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Denver County | Denver County Court, Small Claims Division, Denver | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Arapahoe County | Arapahoe County Court (Small Claims Division, 18th Judicial District), Centennial | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Jefferson County | Jefferson County Court (Small Claims Division, 1st Judicial District), Golden | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Adams County | Adams County Court (Small Claims Division, 17th Judicial District), Brighton | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Douglas County | Douglas County Court (Small Claims Division, 18th Judicial District), Castle Rock | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Larimer County | Larimer County Court (Small Claims Division, 8th Judicial District), Fort Collins | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Weld County | Weld County Court (Small Claims Division, 19th Judicial District), Greeley | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Boulder County | Boulder County Court (Small Claims Division, 20th Judicial District), Boulder | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Mesa County | Mesa County Court (Small Claims Division, 21st Judicial District), Grand Junction | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Pueblo County | Pueblo County Court (Small Claims Division, 10th Judicial District), Pueblo | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
| Broomfield County | Broomfield Combined Court, Small Claims Division (17th Judicial District), Broomfield | $7,500 (statewide) | $31 (claims up to $500) to $55 (claims $500-$7,500) - statewide small claims fee schedule | No | Court site |
Free Colorado template, built from verified state data
I am requesting the return of my security deposit. The verified Colorado data for this page lists a 30 days or 60 days (lease specifies a longer period (statute max 60 days)) return window and cites C.R.S. 38-12-103 and 38-12-104 (Colorado Security Deposit Refund Act, Title 38, Article 12, Part 1); as amended by HB25-1249, effective January 1, 2026.
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
Local ordinances
FAQ
Does Denver have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Colorado law and local rules.
Does Colorado Springs have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Colorado law and local rules.
Does Aurora have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Colorado law and local rules.
Does Fort Collins have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Colorado law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Arvada, Westminster, Pueblo, Centennial, Boulder, Greeley, Longmont, Loveland, Broomfield.
Tenant resources
- Colorado Legal Serviceslegal aid, 303-837-1313
- Colorado Poverty Law Projectlegal aid
- Denver Metro Tenants Uniontenant union in Denver
- Colorado Attorney General Consumer Protection Section (Stop Fraud Colorado)ag consumer, 1-800-222-4444
- Colorado Housing Connectshotline, 1-844-926-6632