How long does a landlord in Colorado have to return a security deposit?
Thirty days after the later of termination of the lease or surrender and acceptance of the premises, unless the lease agreement specifies a longer period, in which case that longer period governs but may not exceed sixty days. House Bill 25-1249 replaced the former “within one month” with “THIRTY DAYS” effective January 1, 2026; the sixty-day lease-extension ceiling is unchanged. Where the older “one month” wording governs, the period is a calendar month rather than thirty days, so a February move-out gives 28 or 29 days.
In plain terms, the statute says
Wrongful retention of a security deposit renders the landlord liable for treble the amount wrongfully withheld plus reasonable attorney fees and court costs, and the landlord carries the burden of proving the withholding was not wrongful; as amended in 2025 the trigger is wrongful rather than willful retention, so no separate finding of bad faith or willfulness is required. The tenant must first demand the deposit back and give at least seven days' notice of intent to sue, and may bring the treble-damages action only if the landlord still has not paid within those seven days.
Who this covers
Applies to residential tenancies generally. Subsection (12), added in 2025, exempts mobile homes in mobile home parks from the walk-through-inspection duty in (1.5) and the carpet and paint retention limits in (11) — the return deadline and the remedy still apply to them.
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Questions people ask
How long does a landlord in Colorado have to return a security deposit?
Thirty days after the later of termination of the lease or surrender and acceptance of the premises, unless the lease agreement specifies a longer period, in which case that longer period governs but may not exceed sixty days. House Bill 25-1249 replaced the former “within one month” with “THIRTY DAYS” effective January 1, 2026; the sixty-day lease-extension ceiling is unchanged. Where the older “one month” wording governs, the period is a calendar month rather than thirty days, so a February move-out gives 28 or 29 days.
Who does Colorado's security-deposit law cover?
Applies to residential tenancies generally. Subsection (12), added in 2025, exempts mobile homes in mobile home parks from the walk-through-inspection duty in (1.5) and the carpet and paint retention limits in (11) — the return deadline and the remedy still apply to them.
What happens if a landlord in Colorado is late?
Wrongful retention of a security deposit renders the landlord liable for treble the amount wrongfully withheld plus reasonable attorney fees and court costs, and the landlord carries the burden of proving the withholding was not wrongful; as amended in 2025 the trigger is wrongful rather than willful retention, so no separate finding of bad faith or willfulness is required. The tenant must first demand the deposit back and give at least seven days' notice of intent to sue, and may bring the treble-damages action only if the landlord still has not paid within those seven days.
Where can I read Colorado's security-deposit law?
Colorado's rule is in Colo. Rev. Stat. § 38-12-103. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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