Security Deposit Not Returned in Colorado: What Can I Do?
Colorado law sets rules for when your landlord must give back your security deposit and what your landlord can keep. This page covers the return deadline and what your landlord can take out of your deposit. It also covers what you can do in court if your landlord keeps your deposit unfairly.
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Your landlord must return your full deposit within 30 days after your lease ends or you hand back the keys, whichever is later. Your lease can set a longer deadline, but never more than 60 days. Your landlord cannot keep any of it for normal wear and tear (ordinary use over time). Your landlord cannot keep money for damage that was already there before you moved in either.
✓ Sources checked September 29, 2026
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Your landlord can only keep money from your deposit for 4 reasons. These are rent you did not pay, unpaid bills for utilities (water, electric, gas), or other unpaid lawful charges listed in your lease. Your landlord can also keep money for repairs, but only for damage beyond normal wear and tear (ordinary use over time). The damage must not have been there before you moved in. Your landlord cannot use any of these reasons if the real purpose is to punish you, discriminate against you, or break the law.
✓ Sources checked September 29, 2026
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If your landlord has a real reason to keep part of your deposit, your landlord must send you a written statement listing the exact reasons. Your landlord must send this statement along with the rest of your deposit. Your landlord can mail these to your last known address, or email them to an address your landlord actually uses to reach you.
✓ Sources checked September 29, 2026
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Your landlord cannot charge to replace all the carpet unless the damage is serious. The damage must also be so bad it cannot be repaired, and go beyond normal wear and tear (ordinary use over time). The damage also must not have been there before you moved in. Your landlord can still charge for damage in just that area, if it has this same serious damage that cannot be repaired. Your landlord cannot call carpet damage this serious if the carpet has not been replaced with new carpet in the last 10 years.
✓ Sources checked September 29, 2026
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Your landlord cannot charge to paint your home again unless the damage is serious and beyond normal wear and tear (ordinary use over time). This rule is about damage across your whole home. The damage also must not have been there before you moved in. Your landlord can still charge you to paint just one damaged part again, if that part has this kind of serious damage.
✓ Sources checked September 29, 2026
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If your lease tries to take away or change any of these deposit protections, a court will not enforce that part of your lease. If your lease charges a cleaning or repair fee for normal wear and tear (ordinary use over time), a court will not enforce it. The same is true for a fee about damage that was already there before you moved in.
✓ Sources checked September 29, 2026
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For a move-out on or after January 1, 2026, you can ask your landlord in writing why part of your deposit was kept. Your landlord must send you papers that back up those reasons. This applies if your landlord's statement reaches you within 14 days of your request. The papers can include photos, inspection notes, receipts, bills, or cost estimates.
✓ Sources checked September 29, 2026
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If your landlord does not follow these deposit rules, your landlord gives up the right to keep any part of your deposit. This is also true if your landlord wrongly keeps any part of your deposit. Your landlord must then return your whole deposit to you.
✓ Sources checked September 29, 2026
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Your landlord has wrongly kept your deposit if any of these are true. Your landlord misses the deadline to send the written statement and any required documents. Your landlord sends a statement that does not list the exact reasons. Your landlord misses the deadline to send back the rest of your money. Your landlord keeps the money in bad faith (dishonestly, without a real reason).
✓ Sources checked September 29, 2026
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Before you sue your landlord to get your deposit back, you must notify your landlord that you want your deposit back. You must also say that you plan to take legal action. You must wait at least 7 days after this notice before you file your court case.
✓ Sources checked September 29, 2026
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If your landlord wrongly keeps part of your deposit, a court can order your landlord to pay you 3 times the amount wrongly kept. The court can also order your landlord to pay your reasonable lawyer fees and court costs. For example, 3 times $500 wrongly kept is $1,500. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
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In court, your landlord must prove that keeping your deposit was not wrong. Your landlord must also prove that your landlord followed these deposit rules. You do not have to prove your landlord did something wrong.
✓ Sources checked September 29, 2026
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The law presumes (treats as true unless proven otherwise) your landlord acted in bad faith (dishonestly, without a real reason) under certain conditions. One condition is that the amount kept is 125% or more of the actual damage cost. For example, if the actual damage cost is $100, keeping $125 or more is presumed bad faith. A court can still decide that a smaller amount kept was unreasonable too.
✓ Sources checked September 29, 2026
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Your landlord may act in good faith (with an honest, reasonable reason) and still follow all these rules. But a court might find that your landlord kept more money than the actual damage cost. If that happens, your landlord only has to pay back the extra amount kept, plus court costs. Your landlord does not have to pay 3 times the amount kept, or your lawyer fees, in this case. For example, if your landlord kept $700 for repairs that actually cost $500, your landlord pays back the extra $200 and court costs. Your landlord does not pay 3 times that $200. You get this money only if you win your case and your landlord pays.
✓ Sources checked September 29, 2026
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