Colorado Security Deposit Law
Colorado rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. C.R.S. §§ 38-12-102.5, 38-12-106
The rules in Colorado
| Security deposit limit | Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. The deposit cap was added by SB 23-184, effective August 7, 2023. Pet limits were added by HB 23-1068, effective January 1, 2024. Source: C.R.S. §§ 38-12-102.5, 38-12-106 |
|---|---|
| Deposit return deadline | Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. HB 25-1249 (signed June 3, 2025; effective January 1, 2026) changed 'one month' to 'thirty days'. The statement and refund may be sent to the tenant's last-known address or a known email address. With the tenant's consent, payment may be made by secured electronic transfer. If a refund is returned undelivered, the landlord must hold it at least one year and pay it within 15 days of the tenant's request. If a gas-appliance hazard is not repaired within 72 hours and the tenant vacates, the deposit is due within 72 hours (§ 38-12-104). |
| Itemized deductions | A written statement listing the exact reasons for any amount kept, sent with the balance. Deductions are allowed only for nonpayment of rent, utility charges, other lawful charges listed in the lease, and necessary repairs for damage beyond normal wear and tear that did not exist before the tenancy. If the tenant asks in writing within 14 days after receiving the statement, the landlord must provide relevant documentation (photos, inspection reports, receipts, invoices, estimates). Either party may request a walk-through inspection before move-out. No charge for whole-unit carpet replacement or full repainting unless the damage is substantial and beyond normal wear and tear. Carpet not replaced within the prior 10 years cannot be treated as irreparably damaged (§ 38-12-103(11)). Failing to provide a timely statement forfeits the right to withhold any portion (§ 38-12-103(2)). |
| Interest on deposits | No statute requires the landlord to pay interest on a security deposit. The deposit sections in Part 1 contain no interest requirement. |
| Penalty for withholding | Treble (three times) the amount wrongfully withheld, plus reasonable attorney fees and court costs. The tenant must first send a demand and notice of intent to sue at least 7 days before filing, and may sue only if the landlord does not return the money within those 7 days. Keeping 125% or more of actual damages is presumed bad faith, and the landlord bears the burden of proof. Before HB 25-1249, treble damages required 'willful' retention. The standard is now 'wrongful' retention, effective January 1, 2026. |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
Templates
Related questions
- How long does a landlord have to return a security deposit?
- How much can a landlord charge for a security deposit?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
Colorado vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| Colorado | Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. C.R.S. §§ 38-12-102.5, 38-12-106 | Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. C.R.S. § 38-12-103(1) (as amended by HB 25-1249) | A written statement listing the exact reasons for any amount kept, sent with the balance. Deductions are allowed only for nonpayment of rent, utility charges, other lawful charges listed in the lease, and necessary repairs for damage beyond normal wear and tear that did not exist before the tenancy. If the tenant asks in writing within 14 days after receiving the statement, the landlord must provide relevant documentation (photos, inspection reports, receipts, invoices, estimates). Either party may request a walk-through inspection before move-out. C.R.S. § 38-12-103(1), (1.5), (8) (as amended by HB 25-1249) |
| Arizona | One and one-half months' rent, counting all security however labeled, including prepaid rent. A tenant may still voluntarily prepay more rent. A.R.S. § 33-1321(A) | Within 14 days, excluding Saturdays, Sundays, and legal holidays, after the tenancy ends, possession is delivered, and the tenant demands the deposit. A.R.S. § 33-1321(D) | The landlord must provide an itemized list of all deductions together with any amount due to the tenant. Deductions may cover rent, charges specified in the signed lease (subject to the duty to mitigate), and damages from the tenant's noncompliance with § 33-1341. If the tenant does not dispute the deductions within 60 days after mailing, the list becomes final and further claims are waived. A.R.S. § 33-1321(D) |
| Kansas | Unfurnished unit: one month's rent. Furnished: 1.5 months' rent. If pets are allowed, an additional pet deposit of up to one-half month's rent. K.S.A. 58-2550(a) | Balance due within 14 days after the landlord determines deductions, and in no event more than 30 days after termination of tenancy, delivery of possession and the tenant's demand. If the tenant makes no demand within 30 days, the landlord must mail the amount due to the tenant's last known address. K.S.A. 58-2550(b) | Deductions for accrued rent and damages from the tenant's noncompliance must be itemized by the landlord in a written notice delivered to the tenant. K.S.A. 58-2550(b) |
| Nebraska | One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. Neb. Rev. Stat. § 76-1416 | 14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). Neb. Rev. Stat. § 76-1416 | Required: a written itemization of the amounts withheld must accompany the returned balance within 14 days. Neb. Rev. Stat. § 76-1416 |
| New Mexico | No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. NMSA 1978, § 47-8-18(A) | Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C) | If any amount is kept, the owner must give an itemized written list of deductions and the balance within 30 days. No deductions for normal wear and tear; allowed for unpaid rent/utilities, repair work and other legitimate damages from the resident's noncompliance. NMSA 1978, § 47-8-18(C) |
| Oklahoma | No statutory cap on the amount of a security deposit. 41 O.S. § 115 | 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B) | Deductions (accrued rent and damages from tenant noncompliance) must be itemized in a written notice delivered to the tenant by mail with return receipt requested or in person if the tenant can reasonably be found. 41 O.S. § 115(B) |
| Utah | No statutory cap. Utah Code 57-17-1 to 57-17-5 | No later than 30 days after the renter vacates and returns possession. If the owner misses it, the renter may serve a statutory 'Tenant's Notice to Provide Deposit Disposition', after which the owner has five business days to comply. Utah Code 57-17-3(2)-(5) | Required: written notice itemizing and explaining the reason for each deduction, with the balance of the deposit and any prepaid rent. Deductions allowed for rent, damage beyond reasonable wear and tear, other contractual costs and fees, and cleaning. Utah Code 57-17-3(1)-(2) |
| Wyoming | No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208 | Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a) | Landlord must deliver or mail a written itemization of deductions, with reasons, together with any balance. Allowed deductions: accrued rent, damage beyond reasonable wear and tear, the cost of cleaning to move-in condition, and other costs provided by contract. W.S. 1-21-1208(a) |
City rules that may add to state law
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Colorado Security Deposit Law FAQ
How much can a landlord charge for a security deposit in Colorado?
Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. (C.R.S. §§ 38-12-102.5, 38-12-106)
How long does a landlord have to return a security deposit in Colorado?
Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. (C.R.S. § 38-12-103(1) (as amended by HB 25-1249))
Does a landlord in Colorado have to give an itemized list of deposit deductions?
A written statement listing the exact reasons for any amount kept, sent with the balance. Deductions are allowed only for nonpayment of rent, utility charges, other lawful charges listed in the lease, and necessary repairs for damage beyond normal wear and tear that did not exist before the tenancy. If the tenant asks in writing within 14 days after receiving the statement, the landlord must provide relevant documentation (photos, inspection reports, receipts, invoices, estimates). Either party may request a walk-through inspection before move-out. (C.R.S. § 38-12-103(1), (1.5), (8) (as amended by HB 25-1249))
Does a landlord have to pay interest on a security deposit in Colorado?
No statute requires the landlord to pay interest on a security deposit. (C.R.S. §§ 38-12-102.5 to 38-12-106)
What happens if a landlord in Colorado wrongfully keeps a security deposit?
Treble (three times) the amount wrongfully withheld, plus reasonable attorney fees and court costs. The tenant must first send a demand and notice of intent to sue at least 7 days before filing, and may sue only if the landlord does not return the money within those 7 days. Keeping 125% or more of actual damages is presumed bad faith, and the landlord bears the burden of proof. (C.R.S. § 38-12-103(2.5), (3), (3.5) (as amended by HB 25-1249))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.