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Colorado Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In Colorado, a security deposit claim is heard by the court named in the facts table; the court for your county is listed below. The comparable deposit claim limit is $7,500. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtSmall Claims Court (Small Claims Division of the County Court) · Court source
Listed limits and jurisdictions$7,500 (statewide)
Comparable deposit claim limit$7,500
Time limit to sue, from state data3 years; check when the claim accrued before counting from it.
Listed county filing feesNo comparable fee amount in our county data; see the official fee schedule.
E-filing0 yes, 12 no, 52 unverified among 64 listed counties
State deposit return deadline
  • 30 days after Termination of the lease or surrender and acceptance of the premises, whichever occurs last.
  • 60 days after Termination of the lease or surrender and acceptance of the premises, whichever occurs last. Applies when: lease specifies a longer period (statute max 60 days).
Deposit statuteC.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

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

Enter the amount you would ask the court to award.

The comparable claim limit ranks 18 among 45 jurisdictions with a comparable amount; median $10,000. Ties share a rank. Computed from state data, not measured.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

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Details of the return rules
Colorado statutory deadlines
When it appliesDeadlineStarts from
No, or my lease doesn't say30 daysTermination 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 daysTermination of the lease or surrender and acceptance of the premises, whichever occurs last

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

Free Colorado template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Colorado law (C.R.S. 38-12-103 and 38-12-104), a landlord must return the deposit or send a written, itemized list of deductions within 30 days after termination of the lease or surrender and acceptance of the premises, whichever occurs last.

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

How to file

Forms: Court forms and filing information

File online: Varies by county

Statewide filing fee: Claim $0.00–$500.00 $31; Claim $500.01–$7,500.00 $55 (C.R.S. § 13-32-101(1)(c)(IV); JDF 1).

How papers are served:

  • private process server
  • constable or sheriff

Attorneys allowed: Yes

Small Claims ($7,500 award limit) Plaintiff / Petitioner $0.00 - $500.00 $31 $500.01 - $7,500.00 $55 13-32-101(1)(c)(IV)(A) 13-32-101(1)(c)(IV)(C)

Official source · Accessed

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the Colorado Secretary of State. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P1, found in 36 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

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

Tenant resources

FAQ

Which court handles a security deposit claim in Colorado?

Small Claims Court (Small Claims Division of the County Court). Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in Colorado?

The comparable general deposit claim limit is $7,500. Check the court and claim type that applies.

What is the return deadline in Colorado?

30 days or 60 days (lease specifies a longer period (statute max 60 days))

What's next?