A two-month cap
Under § 38-12-102.5, a Colorado landlord may not require a security deposit greater than two months' rent. From January 1, 2027, the statute provides that the cap does not apply to post-closing occupancy agreements in home sales.
30 days, or up to 60 by lease
The landlord must return the deposit within one month after the later of the end of the lease or the surrender of the unit. The lease may set a longer period, but no more than 60 days (§ 38-12-103(1)). The landlord must send it to your last known address, or to an email address you provided.
A statement of exact reasons, and documentation
Any deduction must come with a written statement listing the exact reasons. Normal wear and tear cannot be charged. For tenancies that end on or after January 1, 2026, you may ask in writing for documentation supporting the deductions, and the landlord must provide it within 14 days. The landlord must also hold a move-out walk-through if you ask for one.
Treble damages and the presumptions
If the landlord does not send the statement, it forfeits the right to withhold any part of the deposit. If it willfully keeps the deposit wrongfully, you may recover three times the amount withheld plus reasonable attorney fees and costs. Before you sue for treble damages, you must give at least 7 days' written notice of your intent. In court, the landlord bears the burden of proving the withholding was not wrongful.
Our calculator counts 30 days by default.
Steps to recover a Colorado deposit
- Check your lease for any extension beyond 30 days (no more than 60).
- Ask for a walk-through and leave a forwarding address or email.
- Request documentation in writing after you receive the statement.
- Send a 7-day written demand before suing for treble damages.
- If that fails, file a claim in small claims court.
Neighboring states
Utah has no cap and adds a $100 penalty. Arizona caps deposits at 1.5 months, and Oklahoma sets 45 days.
Frequently asked questions
What is the maximum security deposit in Colorado?
Two months' rent (C.R.S. § 38-12-102.5).
How long does a Colorado landlord have to return a deposit?
One month after the later of lease end or surrender. A lease may extend it, but not beyond 60 days.
Can I get proof of deductions in Colorado?
Yes. For tenancies ending on or after January 1, 2026, you may ask in writing for documentation, due within 14 days.
What is the penalty for willful withholding in Colorado?
Three times the amount wrongfully withheld plus attorney fees and costs, after a 7-day written demand.
Sources
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.