Renters' Rights · Security Deposit
Security Deposit Laws in Colorado
The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in Colorado.
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What your landlord can hold, and when it's due back
Enter your rent for the Colorado maximum, plus the return-deadline clock.
Estimate only, based on Colorado's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.
The full rules, with the statute
Every requirement and where it comes from in the code.
Exceptions: Since August 7, 2023, a landlord cannot require a security deposit greater than two months' rent under the rental agreement (C.R.S. 38-12-102.5, added by SB 23-184). A widely repeated claim that House Bill 23-1099 capped deposits at one month is incorrect; that bill dealt with portable tenant screening reports. The 2025 overhaul (HB25-1249, effective January 1, 2026) tightened retention and documentation rules but left the two-month cap in place.
Penalties & recent changes
What happens if the landlord keeps your deposit wrongfully.
SB 23-184 (effective 2023-08-07): Capped residential security deposits at two months' rent under the rental agreement (C.R.S. 38-12-102.5). Before this there was no statutory cap.
HB25-1249 (effective 2026-01-01): Rewrote the retention rules: broadened the definition of normal wear and tear, barred deductions for preexisting damage, light carpet wear, carpet over 10 years old, and routine repainting; added a tenant right to request a final walk-through; required landlords to provide supporting documentation within 14 days of a tenant request; and confirmed that missing the return deadline waives the right to keep any of the deposit. The two-month cap was left unchanged.
What Colorado renters get wrong
Colorado caps a residential security deposit at two months' rent, a limit set in 2023 (C.R.S. 38-12-102.5) that replaced having no cap at all. If a landlord keeps part of your deposit on purpose without a valid reason, the penalty is steep: three times the amount wrongfully withheld, plus your attorney fees and court costs, and the landlord has to prove the withholding was justified. One procedural step matters here. Before you sue, you must give the landlord written notice of your intent to file at least seven days ahead. The landlord has one month to return your deposit after you leave, or up to 60 days if your lease says so, and can never charge you for normal wear and tear. A 2025 law (HB25-1249), in effect since January 1, 2026, tightened those rules further by narrowing what counts as damage and letting you demand the landlord's photos and receipts.
Common questions
How much can a landlord charge for a security deposit in Colorado?
No more than two months' rent. Since August 7, 2023, Colorado law (C.R.S. 38-12-102.5) bars a landlord from requiring a deposit larger than two monthly rent payments under your lease. If you see a claim that the cap is one month, that is not correct.
How long does a landlord have to return my deposit in Colorado?
One month after your lease ends or you hand back the unit, whichever is later. Your lease can extend that window, but never past 60 days. If the landlord misses the deadline, they lose the right to keep any part of the deposit.
What can I do if my landlord wrongfully keeps my deposit in Colorado?
If the landlord kept it willfully without cause, you can recover three times the wrongfully withheld amount plus attorney fees and court costs, and the landlord must prove the withholding was justified. First send written notice of your intent to sue at least seven days before you file.
Does my Colorado landlord have to pay interest or use a separate account?
Not under state law. Colorado does not require interest on deposits or a separate escrow account, so the landlord can hold your money however they choose. Some cities differ; Boulder, for example, requires interest on most residential deposits, so check your local ordinance.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.