Chaffee County, Colorado: Small Claims for a Security Deposit
Limits: $7,500 (statewide). Court: Chaffee County Court (Small Claims Division, 11th Judicial District).
Filing facts
| State small claims limits | $7,500 (statewide) |
|---|---|
| Statewide filing fee | Set by the court; call the clerk or check the court page. Official court website |
| E-filing | Not verified |
| Time limit to sue in Colorado | 3 years. |
| State deposit return deadline |
|
| 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. |
| Deposit statute | 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 |
Where to file
Chaffee County Court (Small Claims Division, 11th Judicial District)
Courthouse city: Salida
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.
Court page checked 2026-09-20
See how to file in Colorado for the state filing procedure.
Rent and deposits in Chaffee County
County median gross rent: $1,514 per month.
| Bedrooms | Monthly rent |
|---|---|
| 1 bedroom | $1,033 |
| 2 bedrooms | $1,589 |
| 3 bedrooms | $1,670 |
| 4 bedrooms | $3,501 |
Rent estimates for the other bedroom sizes were suppressed or not published by the Census Bureau.
Illustrative deposit example computed from the county median rent: one month of the Census two-bedroom median is $1,589; two months is $3,178. This is an example computed from the county median, not a legal cap or a survey of deposits. The calculations below use the one-month deposit of $1,589.
State legal maximum deposit in Colorado: No statutory limit.
Total households in Chaffee County: 9,195.
Renter households: 2,488 (27.1% of all households).
Renters spending more than half their household income on rent: 7.4%. A delayed deposit refund can leave these households with less money for their next rent payment.
County rent and household source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070. Accessed .
Will my deposit claim fit the limit?
Using the county Census figure: two-bedroom median gross rent for Chaffee County, $1,589 per month.
The deposit range does not include penalties, interest, or other amounts you may claim.
- Compared with $7,500 (statewide), the whole deposit range fits.
A claim above the applicable limit must either be reduced to that limit or go to a different court.
Towns this court serves
A deposit claim is usually filed where the property sits or where the landlord is.
- Buena Vista
- Poncha Springs
- Salida
Source: U.S. Census Bureau, 2020 Census place-to-county relationship file.
Statewide help
- Colorado Legal Services
free civil legal help for low-income Coloradans on housing and other non-criminal issues, including in-person eviction clinics at certain courthouses
Phone: (303) 837-1313
- Colorado Poverty Law Project
free legal representation, advice, and clinics for low-income Coloradans facing eviction and housing injustice
Phone: (303) 532-2641
- Brothers Redevelopment (Colorado Housing Connects)
HUD-approved housing counseling and statewide helpline for renters, including tenant-landlord rights information, eviction-prevention navigation, and rental assistance referrals
Phone: (844) 926-6632
These are independent organisations, not DemandLetterLab.
From letter to filing
- Send a Colorado security deposit demand letter stating the deposit amount supported by your records.
- Before you file: review the deposit return deadlines above and allow the typical response window of 14 days after your letter.
- Time limit to sue in Colorado: 3 years.
- Check the court's filing instructions. Keep your lease, payment records, photos, letter, and proof of delivery ready.
This template uses Colorado law. Your county decides where you file, not which law applies.
Free Colorado template, built from verified state data
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.
FAQ
How much does it cost to file in Chaffee County?
Statewide filing fee: Set by the court; call the clerk or check the court page. Official court website
How long do I have to sue?
Time limit to sue in Colorado: 3 years.
Where do I file?
Chaffee County Court (Small Claims Division, 11th Judicial District). Courthouse city: Salida. Check the court's instructions for the right filing location.