Colorado Security Deposit Law: How Many Days and What to Do

In Colorado, a landlord has 30 days or 60 days. Which one applies depends on one question below.

Yes, my lease says the landlord has more time (the law caps it at 60 days)
No, or my lease doesn't say

Last checked 2026-07-06

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Details of the return rules

In Colorado, a landlord has 30 days or 60 days (lease specifies a longer period (statute max 60 days)) to return a security deposit.

Colorado statutory deadlines
When it applies	Deadline	Starts from
No, or my lease doesn't say	30 days	Termination of the lease or surrender and acceptance of the premises, whichever occurs last
Yes, my lease says the landlord has more time (the law caps it at 60 days)	60 days	Termination of the lease or surrender and acceptance of the premises, whichever occurs last

Colorado return rule: 30 days. Check the dates you entered above.

Key facts

Deadline	30 days; trigger: Termination of the lease or surrender and acceptance of the premises, whichever occurs last
Additional deadline 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
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

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.

Strip plot · Colorado · return deadline · 30 days vs ≈30 day median · verified 2026-07-06 — Primary return rules from state statute records.

Colorado and nearby deadlines
State	Return rule
Colorado	30 days
Georgia	30 days
Iowa	30 days
Louisiana	30 days
Maine	30 days
Massachusetts	30 days

See all 51 jurisdictions

All state return rules
State	Return rule
Montana	10 days
Alaska	14 days
Arizona	14 days
Hawaii	14 days
Kansas	14 days
Nebraska	14 days
New York	14 days
Vermont	14 days
Florida	15 days
Delaware	20 days
Rhode Island	20 days
California	21 days
Connecticut	21 days
Idaho	21 days
Minnesota	21 days
South Dakota	21 days
Wisconsin	21 days
Colorado	30 days
Georgia	30 days
Iowa	30 days
Louisiana	30 days
Maine	30 days
Massachusetts	30 days
Michigan	30 days
Missouri	30 days
Nevada	30 days
New Hampshire	30 days
New Jersey	30 days
New Mexico	30 days
North Carolina	30 days
North Dakota	30 days
Ohio	30 days
Pennsylvania	30 days
South Carolina	30 days
Texas	30 days
Utah	30 days
Washington	30 days
Wyoming	30 days
Oregon	31 days
District of Columbia	45 days
Illinois	45 days
Indiana	45 days
Maryland	45 days
Mississippi	45 days
Oklahoma	45 days
Virginia	45 days
Alabama	60 days
Arkansas	60 days
West Virginia	60 days
Kentucky	No fixed return deadline
Tennessee	No fixed return deadline

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

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). The statutory amount depends on the facts and any conditions in 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; it is separate from the deposit owed.

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

Deposit penalty rules across the 50 states and DC
Rule	States	Share
The law sets a multiple of the deposit ← Colorado	36	71%
The law names another remedy (forfeiture, fees, damages)	10	20%
Read the cited remedy; no multiple is set	5	10%

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.

Source: 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 · checked 2026-07-06 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

What do you have to do before you can claim the penalty?

Send the required information to start the clock.

Written demand for return plus at least seven days notice of intent to sue before filing; treble only if not returned within seven days of that demand. 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
Written demand for return plus at least seven days notice of intent to sue before filing. 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

Does the deadline move if it falls on a weekend or holiday?

Colorado's general rule for counting legal time periods says: If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. (C.R.S. § 2-4-108). Whether a court applies it to a landlord's deposit deadline depends on the case, so this page does not move the deadline for you.

To be safe: if the last day falls on a weekend or holiday, treat the deadline as passed only after the next business day. Example: October 10, 2026 is a Saturday, so wait until October 12, 2026 before saying the deadline has passed.

What Colorado law requires of the landlord

The deposit return rule is 30 days or 60 days (lease specifies a longer period (statute max 60 days)). The law also requires an itemized statement when deductions are made.

Return window: 30 days or 60 days (lease specifies a longer period (statute max 60 days))
Itemization: Required
Receipts 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: No statewide interest requirement in the verified data.

Is interest owed on a deposit in Colorado?

Colorado is one of 37 states where interest is not required by state law.

Deposit interest rules across the 50 states and DC
Rule	States	Share
Required by state law	3	6%
Owed only in some cases	11	22%
Not required by state law ← Colorado	37	73%

Colorado security deposit deductions

FAQ

How do I confirm the Colorado deadline?

Use the questions above to match your dates to 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 keep proof of each date.

What is the small claims limit in Colorado?

See the applicable court limits and jurisdictions in the state court guide. Colorado court guide

City data on this page currently includes Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Arvada, Westminster, Pueblo, Centennial, Boulder, Greeley, Longmont, Loveland, Broomfield.

Statute text, sources and changes

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."

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

What this means

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)

Changes

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

Verified 2026-07-06 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6