Getting Your Security Deposit Back

If you paid a security deposit when you moved into a rental home in Colorado, this guide will help you understand your rights when it’s time to move out. Colorado law sets rules for when and how landlords can keep part of your deposit. It also protects your right to get back any money you’re owed. 

This guide explains:

• What a security deposit is
• How much your landlord can charge
• What steps you can take to protect your money
• What to do if there’s a disagreement
• What to expect if you decide to take your landlord to court.

At the end of this guide are sample letters you can use to ask your landlord to return the correct amount of your security deposit. 

What is a security deposit?

A security deposit is money you pay to your landlord when you move in. It’s still your money. The landlord holds it in case you don’t pay rent, leave behind unpaid bills, or damage the property. If everything is in order when you move out, you get your deposit back. 

Under Colorado law, even deposits labeled “nonrefundable” must be treated like a security deposit. You still have the right to get that money back if you do what you are required to do when you move out.

A security deposit can be called other names like a “damage deposit” or “pet deposit.” But it is still the same thing as a security deposit under the law.

If you re-sign your lease, or if your rental property changes owners, you shouldn’t have to pay another security deposit. 

How much can a landlord charge?

• Leases that began on or after August 6, 2023: The maximum security deposit your landlord can charge is 2 months’ rent.
• Leases that began before August 6, 2023: No limit on the amount of security deposit a landlord can charge.

When can a landlord keep part of my deposit?

Your landlord can keep some or all of your deposit if you: 

• Owe unpaid rent
• Owe utility bills
• Owe fees listed in your lease 
• Caused damage beyond normal wear and tear that did not exist when you moved in
• Left before your lease ended 
• Agreed in your lease to pay for cleaning costs

If your landlord only is allowed to keep part of the deposit, they must return what’s left of it to you.

What are things a landlord can’t keep a deposit for?

• Cleaning costs (unless your lease specifically allows this)
• Painting (unless there is substantial damage to the paint that didn’t exist when you moved in)
• Replacing carpet (unless there is substantial damage to the carpet that didn’t exist when you moved in)
• Fixing normal wear and tear
• Repairing damage caused by a domestic violence incident

When will I get my deposit back?

Your landlord has 30 days after you move out to return your deposit or send a written list of deductions. Your lease may allow up to 60 days, but never more than 60 days.

If your landlord keeps any amount, they must explain why they kept it in writing. They must give you any supporting documents like receipts and invoices. 

Your landlord may send this to your last known mailing address or to your email if they have your email on file.

How can I protect my deposit?

Before moving in: 

• Take photos and videos of the property and timestamp them
• Make a written list of any existing damage, give a copy of the list to your landlord, and keep a copy for yourself with your lease 
• Ask someone to witness your inspection

While living there: 

• Pay rent and utilities and any other fees in your lease on time and keep receipts 
• Follow your lease rules 
• Keep the unit in good condition
• Make requests for repairs as instructed in your lease
  • Keep copies of any communication with your landlord about repair requests
  • This includes saving text messages, saving emails, or sending a follow-up email documenting a conversation if you speak with your landlord verbally
  • If you submit requests through an online tenant portal, consider printing or saving screenshots of repair requests you submit through the portal.

Before moving out: 

• Give your landlord proper notice 
• Review your lease for move-out instructions 
• Clean thoroughly and remove all furniture 
• Request a walk-through inspection with your landlord in writing.
  • You have the right to advance notice before the inspection.
  • If your landlord does not schedule a walk-through with you, keep a copy of this communication. Do your own walk-through inspection with a witness. Record a video if possible.
• Take timestamped photos and videos of the property 
• Give your landlord a forwarding mailing address or email address and instructions for how you want to receive your deposit (check or electronic bank transfer)
• File a change of address with the post office and keep an eye on your mail and email

What if I don’t get my deposit back?

If 30 (or 60) days pass and you haven’t received your deposit or a written list of charges, your landlord may lose the right to keep any of it. You can write a “7-day demand letter” asking for the money. There is a template below. 

Send it by certified mail to get proof it was received by your landlord. You may also want to send it by email and hand delivery. Keep copies for your records. 

What if I disagree with damage charges?

If your landlord sends a list of damages but you disagree: 

• Try to talk it out first
• Send a “7-day demand letter” stating your disagreement and asking for the deposit back
• If your landlord still doesn’t pay the money they owe you, you may choose to sue

Can I take my landlord to court?

You can sue in county court (for claims under $25,000) or small claims court (under $7,500) if your landlord does not return your deposit. Be prepared to show that: 

• You sent a “7-day demand letter” and that your landlord received it
• You paid rent and your deposit 
• Your landlord did not return the deposit, or gave false or illegal reasons for keeping the deposit

Your landlord has the “burden of proof.” That means it is your landlord’s job to prove that you damaged the home, didn’t pay rent or other fees, or did something else that legally allowed them to keep your deposit. 

• For example, your landlord must show the court the actual costs of repairing any damage they claimed you caused.

If the court finds your landlord kept the deposit on purpose for illegal reasons, you could get up to 3 times the amount of your deposit (called treble damages), plus your court costs and attorney’s fees.

If you lose, you might have to pay your landlord’s attorney’s fees. Check your lease to see if it says anything about you paying your landlord’s attorney’s fees.

If you ask for treble damages, you must file your lawsuit within 1 year of moving out. If you are only asking for the return of your deposit and court costs and attorney’s fees, you have 6 years from moving out to file your lawsuit.

Forms for filing in county court are: 

See JDF 110 for instructions

• County Form 1: A notice to your landlord that they are being sued, called a summons
• County Form 2: Explanation and details of the lawsuit, called a complaint

If you can’t afford filing fees, you can apply for a fee waiver using: 

See JDF 205-I for instructions

• JDF 205: Motion to Waive Fees
• JDF 206: Order (just fill out the boxes on the top of the form)

Sample letters

Below are sample letters that you can use to ask your landlord to give you the correct amount of your security deposit back.

• Use the first (7-day security deposit demand letter): If you haven’t received a written statement or your deposit after 30 days of moving out (or 60 days if your lease gives your landlord 60 days to return the deposit).
• Use the second (Security deposit deduction dispute letter): If you did receive a written statement within the allowed time, but disagree with how much your landlord deducted from your deposit.

After you fill in all the spaces in this letter, send it to the landlord through U.S. mail and email or certified mail. If you go to court, you may need to prove that your landlord received it.

Need more help?

If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.

You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.