CiteLaw

renters · Colorado

How do I get my Colorado security deposit back if my landlord is withholding it?

Colorado law generally requires landlords to return a tenant's security deposit within a set time after the lease ends and the tenant surrenders the premises. If a landlord keeps any of the deposit, the landlord must give a written statement listing exact reasons and, when required, send payment for any balance. Failure to provide the required written statement within the statutory time can forfeit the landlord's right to retain any portion of the deposit and may expose the landlord to damages in some cases. Court decisions interpret these rules to favor strict compliance by landlords and allow tenants to seek recovery and statutory damages when landlords do not follow the statute.

  • Current Colorado law
  • Every answer cites the statute
  • Free with a CiteLaw account

Get this handled for free in CiteLaw

Create a free CiteLaw account and run the Get Your Security Deposit Back workflow in our AI Navigator. It asks a few questions about your situation, then prepares a demand letter to your landlord and small-claims filing prep, grounded in the exact Colorado law below.

Why CiteLaw instead of ChatGPT or Claude?

  • Real law, not guesses. Grounded in the actual Colorado statutes and cases below, verified against CiteLaw's corpus. General chatbots can cite statutes and cases that do not exist.
  • A workflow for your exact problem. The curated Get Your Security Deposit Back workflow walks you through your situation and prepares a demand letter to your landlord and small-claims filing prep, not a generic wall of text.
  • A premium AI built for the law. Purpose-built to retrieve real legal authorities and apply them to any set of facts, not a general chatbot answering law questions on the side.
Start the free workflow
Free with a CiteLaw account. Takes about 3 minutes. Colorado is already selected for you.

The deadline that matters

A landlord must return the deposit or provide the written itemization within one month after lease termination or surrender, unless the lease allows longer but not more than 60 days, under Colo. Rev. Stat. § 38-12-103.

What Colorado law says

The statute that controls security deposits requires prompt return and an itemized written statement when any portion is retained under Colo. Rev. Stat. § 38-12-103. The part of the rental code emphasizing liberal construction of tenant protections appears at Colo. Rev. Stat. § 38-12-101. Limits on deposit size are in Colo. Rev. Stat. § 38-12-102.5. Case law has held that failing to provide the required notice within the statutory period can forfeit a landlord's right to withhold and may support damages and fees, see for example Mishkin v. Young, 107 P.3d 393, 2005 WL 452168 (Colo. 2005) and related Colorado decisions such as Heatherridge Management Co. v. Benson, 558 P.2d 435 (Colo. 1976) and Martinez v. Steinbaum, 623 P.2d 49 (Colo. 1981).

What to do

  1. A common first step is to request the written itemization and any balance in writing, citing the statute and keeping a copy for your records.
  2. A common option is to send a formal demand letter asking for the deposit return and referencing the landlord's statutory duties; the in-app demand letter and small-claims filing prep can be used as the next step.
  3. A common next step people take is to gather evidence: lease, move-out photos, receipts, proof of mailing, and any communication about damages.
  4. A common step is to consider filing in small claims court if the landlord does not comply, using the documentation gathered to support the claim.
  5. A common option is to review whether statutory remedies or damages may apply based on courts that have enforced strict notice and return requirements, and to include any allowable claim for fees or statutory penalties in court paperwork.

Let CiteLaw do this for you

Skip the manual work. The free Get Your Security Deposit Back workflow walks these steps for you and prepares a demand letter to your landlord and small-claims filing prep, grounded in Colorado law. Run it now in the AI Navigator →

Common questions

What reasons can a landlord lawfully keep part of a security deposit?
The statute allows retention for unpaid rent, abandonment, unpaid utilities, or repair and cleaning costs that exceed normal wear and tear, and for damage caused during tenancy, under Colo. Rev. Stat. § 38-12-103.
What happens if the landlord does not give the written statement on time?
Case law and the statute say that failing to provide the required written statement within the statutory period can work a forfeiture of the landlord's right to withhold any portion of the deposit and may support claims for damages, see Mishkin v. Young and Heatherridge Management Co. v. Benson.
Is there a limit on how much a landlord may charge for a security deposit?
Yes. On and after August 7, 2023, a landlord may not require a security deposit that exceeds two months' rent under Colo. Rev. Stat. § 38-12-102.5. Mobile home park deposits have separate limits at Colo. Rev. Stat. § 38-12-207.
If I believe the landlord wrongfully withheld my deposit, can I sue?
The statute and cases show tenants commonly bring claims in court to recover wrongfully withheld deposits and may seek statutory damages and fees when landlords violate the notice and return requirements, see Colo. Rev. Stat. § 38-12-103 and the cited cases.

Grounded in current Colorado law

Every legal statement on this page links to the primary source, verified against CiteLaw's corpus. This page updates automatically when the law changes.

Ready to solve this?

Run the Get Your Security Deposit Back workflow free in CiteLaw's AI Navigator and get a demand letter to your landlord and small-claims filing prep prepared for you. All you need is a free CiteLaw account.

Start the free workflow Explore the AI Navigator

This page provides legal information about Colorado law and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.