When Must a Colorado Landlord Return Your Security Deposit?
In Colorado, the deadline is 1 month, unless your lease sets a longer period up to 60 days after the lease terminates or you surrender the premises and the landlord accepts them, whichever happens last. The rule is Colo. Rev. Stat. § 38-12-103 (return); the cap is § 38-12-102.5. Here is the clock, the cap, what the landlord must send you, and what happens when they miss it.
The Colorado rule in one table
| Question | Colorado rule |
|---|---|
| Governing statute | Colo. Rev. Stat. § 38-12-103 (return); the cap is § 38-12-102.5 |
| Maximum deposit | 2 months' rent (since August 7, 2023, under SB 23-184) |
| Return / itemize deadline | 1 month, unless your lease sets a longer period up to 60 days after the lease terminates or you surrender the premises and the landlord accepts them, whichever happens last |
| Itemized statement required? | Yes — if there is cause to keep any part, the landlord must provide a written statement listing the exact reasons for the retention, together with payment of the difference owed to you. |
| Penalty for missing the deadline | No written statement in time means the landlord forfeits all rights to withhold any portion. |
What makes Colorado different
Colorado is the only state in this directory where your lease can move the deadline: the default is one month, but the lease may specify a longer period — never more than 60 days. Read the deposit clause before you count days. Older guides saying Colorado has 'no deposit cap' predate August 2023, when the two-month cap in § 38-12-102.5 took effect.
The move-out process, step by step
- Your clock starts after the lease terminates or you surrender the premises and the landlord accepts them, whichever happens last. Everything in Colorado is counted from that date — note it, and keep proof of when you handed back possession (photos of the empty unit, a signed move-out form, or the key-return receipt).
- Give a forwarding address in writing. Some states make this a formal trigger for the landlord's duty; everywhere, the landlord can only mail the statement and any refund to an address they have. Email counts in most leases — written and kept beats verbal and lost.
- Count the deadline: 1 month, unless your lease sets a longer period up to 60 days. Mark the calendar date. The landlord's obligation is to send by that date in most states — delivery or mailing by the deadline is what the statutes measure.
- Read the statement against the statute. Yes — if there is cause to keep any part, the landlord must provide a written statement listing the exact reasons for the retention, together with payment of the difference owed to you.
- If the deadline passes with nothing, the penalty rules switch on. No written statement in time means the landlord forfeits all rights to withhold any portion. Willful retention brings treble (3×) damages on the amount wrongfully withheld, plus reasonable attorney's fees and court costs.
If your landlord missed the deadline
Before filing, you must give the landlord written notice of your intent to sue at least 7 days ahead — build that week into your timeline. The landlord, not you, carries the burden of proving the withholding was not wrongful.
Before you file anything, run your dates through the Security Deposit Deadline Calculator — enter your state and move-out date and it returns the exact calendar deadline and the penalty rule that applies. Then compare your state with the other seven in the Security Deposit Return Deadlines by State directory.
Renting in a different state next? The rules change completely at the border: see Texas and Florida for the two most different systems in this set, or your own state's page from the directory.
If the deadline has passed, send a written demand first, then file in small claims if it fails: How to Write a Security Deposit Demand Letter and How to File a Small Claims Case for a Withheld Deposit in Colorado.
Source
Every deadline, cap, and penalty on this page comes from the statute itself: Colorado General Assembly — SB 23-184 and C.R.S. § 38-12-103. Facts verified 2026-10-23.
This page explains how the process works and what the official rules say. It is general information, not legal advice — for a dispute about your specific situation, talk to a lawyer or your state labor or consumer agency.
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