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Security Deposit Return in Colorado

September 27, 2026 · LawDiver Research Team

Start with Colo. Rev. Stat. §§ 38-12-102.5, 38-12-103. In Colorado, The cap is 2 months' rent (plus separate pet-deposit rules). The return deadline is Typically 30 days after termination/surrender under a written agreement (otherwise up to 60 days in some circumstances), with itemization. Interest: No statewide interest requirement for ordinary deposits. That is the question this guide answers for getting a security deposit back. Wrongful withholding can result in treble damages plus attorney fees under § 38-12-103.

Deposit limits in Colorado

2 months' rent (plus separate pet-deposit rules)

When the deposit must be returned

Typically 30 days after termination/surrender under a written agreement (otherwise up to 60 days in some circumstances), with itemization

How the Colorado rule applies

Apply the Colorado authorities in order. The facts are simplified so the statute and the standard are visible.

A residential tenant moves out of a Colorado rental and the landlord has not returned the deposit.

Check the cap that applied when the deposit was collected: 2 months' rent (plus separate pet-deposit rules).
Calendar the return deadline: Typically 30 days after termination/surrender under a written agreement (otherwise up to 60 days in some circumstances), with itemization
Interest, if any: No statewide interest requirement for ordinary deposits.
If the landlord keeps money without the required accounting: Wrongful withholding can result in treble damages plus attorney fees under § 38-12-103.

Colorado limits most residential security deposits to two months’ rent. Landlords must return the deposit and provide an itemized accounting within the statutory deadline. Bad-faith retention risks treble damages. County court is the usual forum.

Interest and accounting

No statewide interest requirement for ordinary deposits.

Penalties for wrongful withholding

Wrongful withholding can result in treble damages plus attorney fees under § 38-12-103.

Practical process for tenants and landlords

Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.

Case law: security deposits in Colorado

Dorothy Turner v. Adrian Lyon and Kathryn Lyon

Dorothy Turner v. Adrian Lyon and Kathryn Lyon, 189 Colo. 234 (1975)

…pinion of the Court. This case involves construction of the Security Deposit Act, section 38-12-101 et seq., C.R.S. 1973. 1 The respondents Lyon (hereinafter “tenants”) lived in a house owned by the petitioner Turner (hereinafter “landlord”). Thirty days after the tenancy terminated the landlord had neither returned the tenants’ security deposit nor furnished them with an expla…

Dorothy Turner v. Adrian Lyon and Kathryn Lyon is worth reading on Colorado security deposits because the court put the point in its own words: "Court. This case involves construction of the Security Deposit Act, section 38-12-101 et seq., C.R.S. 1973. 1 The respondents Lyon (hereinafter “tenants”) lived in a house owned by the petitioner Turner (hereinafter “landlord”)." Use that passage as the starting point, then read the facts that precede it.

E. Ray Carlson v. William P. McCoy

E. Ray Carlson v. William P. McCoy, 193 Colo. 391 (1977)

…nd attorney’s fees for a landlord’s improper retention of a security deposit. Since we hold that portions of the award were barred by a one year statute of limitations, we reverse. The landlord, who was the defendant below, and the tenant, plaintiff below, entered into a lease agreement on May 13, 1971, and pursuant to that agreement the landlord received a security deposit of…

Practitioners open E. Ray Carlson v. William P. McCoy when Colorado security deposits turns on the distinction in this sentence: "Since we hold that portions of the award were barred by a one year statute of limitations, we reverse." Do not lift it out of the facts the court was deciding.

Don MAU and Nancy Mau, Petitioners, v. E.P.H. CORPORATION, Respondent

Don MAU and Nancy Mau, Petitioners, v. E.P.H. CORPORATION, Respondent, 1981 Colo. LEXIS 848 (1981)

…cessful action by tenants for wrongful withholding of their security deposit. The county court reduced the fee requested by the tenants’ counsel under section 38-12-103(3)(a), C.R.S. 1973 1 without explanation. The district court summarily affirmed the county court’s decision. We determine that it was improper for the county court to reduce the fee without giving reasons for th…

Don MAU and Nancy Mau, Petitioners, v. E.P.H. CORPORATION, Respondent is worth reading on Colorado security deposits because the court put the point in its own words: "The county court reduced the fee requested by the tenants’ counsel under section 38-12-103(3)(a), C.R.S. 1973 1 without explanation. The district court summarily affirmed the county court’s decision." Use that passage as the starting point, then read the facts that precede it.

Marc P. MISHKIN, Petitioner, v. Dean YOUNG, Respondent

Marc P. MISHKIN, Petitioner, v. Dean YOUNG, Respondent, 107 P.3d 393 (2005)

…o avoid treble damages by accounting for the retention of a security deposit within seven days following a tenant’s notice of intent to commence legal proceedings. We hold that a landlord may not avoid treble damages by accounting for the retention of a security deposit during the seven-day period established by section 38-12 — 103(3)(a). The judgment of the district court is a…

Marc P. MISHKIN, Petitioner, v. Dean YOUNG, Respondent is worth reading on Colorado security deposits because the court put the point in its own words: "We hold that a landlord may not avoid treble damages by accounting for the retention of a security deposit during the seven-day period established by section 38-12 — 103(3)(a)." Use that passage as the starting point, then read the facts that precede it.

Martin TORRES, Petitioner, v. Ted PORTILLOS and Priscilla Portillos, Respondents

Martin TORRES, Petitioner, v. Ted PORTILLOS and Priscilla Portillos, Respondents, 1981 Colo. LEXIS 829 (1981)

…section 38-12-103(3)(a), C.R.S.1973, 1 to recover a $100.00 security deposit withheld by Ted and Priscilla Portillos (landlords). The county court found that the landlords wrongfully and willfully withheld the tenant’s security deposit and awarded him treble damages. However, the court refused to award the tenant attorneys’ fees and court costs. The tenant appealed the county c…

Colorado opinions such as Martin TORRES, Petitioner, v. Ted PORTILLOS and Priscilla Portillos, Respondents are cited where security deposits is disputed. The court stated: "C.R.S.1973, 1 to recover a $100.00 security deposit withheld by Ted and Priscilla Portillos (landlords). The county court found that the landlords wrongfully and willfully withheld the tenant’s security deposit and awarded him treble damages." That is the language to brief; the rest of the decision supplies the procedural posture.

E. Peter ANDERSON, Petitioner, v. Ian and Sandi ROSEBROOK, Respondents

E. Peter ANDERSON, Petitioner, v. Ian and Sandi ROSEBROOK, Respondents, 1987 Colo. LEXIS 553 (1987)

…ruling that the petitioner’s right to recover a part of his security deposit withheld by his landlords and his right to pursue other claims against the landlords were waived by operation of a restrictive endorsement placed on his security deposit refund check, which resulted in an accord and satisfaction. The petitioner also appeals the district court’s decision to award attorn…

Practitioners open E. Peter ANDERSON, Petitioner, v. Ian and Sandi ROSEBROOK, Respondents when Colorado security deposits turns on the distinction in this sentence: "ruling that the petitioner’s right to recover a part of his security deposit withheld by his landlords and his right to pursue other claims against the landlords were waived by operation of a restrictive endorsement placed on his security deposit refund check, which resulted in a" Do not lift it out of the facts the court was deciding.

Key takeaways

Maximum deposit: 2 months' rent (plus separate pet-deposit rules)
Return deadline: Typically 30 days after termination/surrender under a written agreement (otherwise up to 60 days in some circumstances), with itemization
Interest: No statewide interest requirement for ordinary deposits.
Penalties: Wrongful withholding can result in treble damages plus attorney fees under § 38-12-103.
Primary authority: Colo. Rev. Stat. §§ 38-12-102.5, 38-12-103.

Frequently asked questions

How much can a landlord charge for a security deposit in Colorado?