Colorado Security Deposit Limits

How much can a landlord charge for a security deposit in Colorado? Learn the legal maximums, what happens if landlord overcharges, and your rights under C.R.S. §38-12-103.

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Security Deposit Limits in Colorado

Colorado law under C.R.S. §38-12-103 governs the maximum security deposit a landlord can charge. Most states cap deposits at one to two months' rent, though some have no statutory cap. Regardless of the cap, if your landlord charged more than the legal maximum, you are entitled to recover the excess amount. This is an independent violation from any deposit return dispute you may have.

Overcharged? You Can Recover the Excess

If your landlord charged more than the legal maximum, you are entitled to recover the excess amount. This is an independent violation from the deposit return rules.

Steps to Take if You Were Overcharged in Colorado

  1. 1

    Check your lease: what deposit amount was charged?

  2. 2

    Look up the legal cap in your state (typically 1–2 months' rent)

  3. 3

    If overcharged, send a demand letter for the excess

  4. 4

    Include this claim along with any deposit return dispute

  5. 5

    Small claims court handles these cases — no attorney needed

Legal Reference

Wear & Tear Protected
Primary StatuteC.R.S. §38-12-103
Penalty StatuteC.R.S. §38-12-103(3)(a)
Small Claims Limit$7,500
Statute of Limitations3 years

Questions

Common questions answered.

Your Colorado landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by C.R.S. §38-12-103.

If your landlord misses the 30-day deadline, you may be entitled to up to 3× the amount wrongfully withheld under C.R.S. §38-12-103(3)(a). You'll need to show the withholding was willful.

No. Colorado law under C.R.S. §38-12-103 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

Colorado law under C.R.S. §38-12-103 governs how much a landlord can charge for a security deposit. Most states cap deposits at one to two months' rent. If your landlord charged more than the legal maximum, you may be entitled to recover the excess amount independent of any deposit return dispute.

If your landlord collected a deposit in excess of the legal limit in Colorado, you can send a demand letter requesting the excess back. You can also include this claim in a small claims case (up to $7,500). This violation is separate from any issue with returning the deposit at move-out.

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