Colorado Renters: How to Get Your Full Security Deposit Back

Moving out of your Colorado rental? Getting your security deposit returned can feel confusing. Colorado tenant law protects your right to receive your deposit back—if you follow key steps and leave your rental in good condition. This guide explains Colorado's rules, the forms you may need, and practical tips to maximize your refund.

Understanding Security Deposit Laws in Colorado

In Colorado, your landlord can collect a security deposit to cover unpaid rent or damages beyond normal wear and tear. Under Colorado Revised Statutes Title 38, Article 12, Section 38-12-103, your landlord must return your deposit (minus any proper deductions) within one month after your lease ends, unless your rental agreement allows up to 60 days.^[1]

What Landlords Can and Cannot Deduct

• Allowed: Unpaid rent, damages beyond normal wear and tear, and sometimes cleaning if the unit is excessively dirty.
• Not allowed: Costs for normal wear and tear (like faded paint or minor carpet wear).

It's important to document the property's condition to avoid unfair deductions.

Steps to Protect Your Security Deposit

• Give your landlord written notice before moving out (as required by your lease).
• Deep-clean the rental and repair any renter-caused damage.
• Take clear, dated photos or videos of every room when you move in and when you leave.
• Ask for a walkthrough inspection with your landlord (though not legally required, it's helpful).
• Provide your forwarding address in writing.

Key Forms and Legal Steps

While Colorado does not have a specific state-issued form to request your security deposit, providing your landlord with a Written Notice of Forwarding Address helps secure your rights. If you don’t receive your deposit on time or disagree with the deductions, there are clear legal steps to follow.

Sample Written Notice of Forwarding Address

• When to use: After you move out, provide your current address in writing to your landlord for the return of your deposit.
• How to use: Send by certified mail or get a delivery receipt for proof.

You can find sample letters and additional guidance from the Colorado Department of Local Affairs - Rental Resources.

Filing a Claim in Court (if Needed)

• If your deposit is wrongfully withheld, you can file a claim in Colorado County or District Court (for claims up to $7,500, use Small Claims Court).
• Complete the Notice, Claim and Summons to Appear for Trial (JDF 250).
• Attach evidence (your lease, move-out photos, correspondence).
• The court can order the landlord to return up to three times the amount wrongfully withheld, plus costs and attorney fees.^[2]

For more information, visit the Colorado Judicial Branch – Landlord/Tenant Information.

What Is "Normal Wear and Tear"?

Colorado law defines normal wear and tear as "deterioration that results from normal use of the premises." Damage beyond this (e.g., broken windows, large carpet stains) can be deducted.^[3]

How Long Does the Landlord Have to Return My Deposit?

By default, they must return it within one month of lease end—but check your lease, as it may specify up to 60 days (the legal maximum).

FAQ: Security Deposits in Colorado

1. How soon must a landlord return my deposit in Colorado?
   Generally, landlords must return your deposit within one month after your lease ends, unless your lease contract says up to 60 days.
2. What if my landlord keeps my deposit for "normal wear and tear"?
   Colorado law prohibits charging tenants for normal wear and tear. You may send a written dispute or pursue legal action in small claims court.
3. Do I need to provide a forwarding address?
   Yes, always give your landlord your new address in writing to ensure you get your deposit back.
4. If my landlord deducts too much, what should I do?
   First, ask for an itemized statement. If you disagree, gather your evidence and file a small claims case.
5. Where can I get more help?
   Contact Colorado Department of Local Affairs, or consult the Colorado Judicial Branch for legal resources.

Conclusion: Keys to Security Deposit Success

• Document the rental's condition and communicate in writing.
• Understand what deductions are legal under Colorado law.
• Act promptly if your deposit isn't returned or if you disagree with deductions.

Follow these steps and refer to Colorado’s tenancy laws to increase your chances of getting your full security deposit back.

Need Help? Resources for Renters in Colorado

• Colorado Department of Local Affairs – Rental Resources (guidance, sample letters, and rights)
• Colorado Judicial Branch – Landlord/Tenant Information (forms, court guides, and small claims help)
• For legal questions, check the Colorado Revised Statutes – Tenant and Landlord Law
• Contact local tenant organizations or city housing authorities for further assistance.

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^[1] See Colorado Revised Statutes Title 38, Article 12, especially Section 38-12-103.
^[2] Colorado Small Claims Court process
^[3] Definition and rules are found in Colorado Revised Statutes Title 38, Article 12.

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