Colorado Security Deposit Demand Letter
In Colorado a landlord must return your deposit or a written statement of deductions within one month, or up to 60 days if the lease says so. Willful withholding can cost treble damages plus attorney fees, after a required 7-day notice. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Colorado tenant sends a former landlord to recover a security deposit that has not been returned, before filing in small claims court. In Colorado the landlord must return the full deposit within one month after the lease ends or the premises are surrendered and accepted, whichever occurs last, unless the lease specifies a longer period, which may not exceed 60 days (C.R.S. 38-12-103(1)). If the landlord keeps any portion, the landlord must give the tenant a written statement listing the exact reasons, delivered with payment of the difference, within that same window; failing to provide the written statement in time forfeits all rights to withhold any part of the deposit (38-12-103(1)-(2)). No deposit may be retained for normal wear and tear (38-12-103(1)). The willful retention of a deposit makes the landlord liable for treble, meaning three times, the amount wrongfully withheld, together with reasonable attorney fees and court costs, but the tenant must first give the landlord notice of intent to file legal proceedings at least seven days before filing (38-12-103(3)(a)); in a tenant's action the landlord bears the burden of proving the withholding was not wrongful (38-12-103(3)(b)). If the demand is ignored, a Colorado tenant can sue in small claims court for up to $7,500, exclusive of interest and costs (C.R.S. 13-6-403), and the deadline to sue on a lease is three years (C.R.S. 13-80-101). DocDraft builds your Colorado security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
- 1
A security deposit demand letter is a written demand a Colorado tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to small claims court.
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The landlord must return the deposit within one month after the lease ends or the premises are surrendered and accepted, whichever occurs last, unless the lease specifies a longer period, which may not exceed 60 days (C.R.S. 38-12-103(1)).
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A landlord may retain the deposit only for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant (C.R.S. 38-12-103(1)).
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No security deposit may be retained to cover normal wear and tear, meaning deterioration from the intended use of the unit without negligence, carelessness, accident, or abuse (C.R.S. 38-12-103(1), 38-12-102(4)).
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A landlord who keeps any portion must give the tenant a written statement of the exact reasons, with payment of the difference, within the return window; failing to provide it in time forfeits all rights to withhold any part of the deposit (C.R.S. 38-12-103(1)-(2)).
- 6
The willful retention of a deposit makes the landlord liable for treble, meaning three times, the amount wrongfully withheld, plus reasonable attorney fees and court costs, but the tenant must give the landlord notice of intent to file at least seven days before suing (C.R.S. 38-12-103(3)(a)).
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If the demand is ignored, a Colorado tenant can sue in small claims court for up to $7,500, exclusive of interest and costs (C.R.S. 13-6-403); the deadline to sue on a lease is three years (C.R.S. 13-80-101).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Colorado, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Colorado Requirements for Security Deposit Demand Letter
A Colorado landlord must return the deposit within one month after the lease ends or the premises are surrendered and accepted, whichever occurs last, unless the lease specifies a longer period, which may not exceed 60 days (C.R.S. 38-12-103(1)). Your demand letter should state that this deadline has passed.
When a Colorado landlord keeps any portion of the deposit, the landlord must give the tenant a written statement listing the exact reasons for the retention, accompanied by payment of the difference, within the return window (C.R.S. 38-12-103(1)). A vague or missing statement supports a demand for the full deposit.
A Colorado landlord who fails to provide the required written statement within the time allowed forfeits all rights to withhold any portion of the security deposit (C.R.S. 38-12-103(2)). If you received no timely written statement, the full deposit is due.
A Colorado landlord may retain the deposit only for nonpayment of rent, abandonment, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant, and may not retain any deposit for normal wear and tear (C.R.S. 38-12-103(1), 38-12-102(4)). Charges for ordinary use can be disputed.
The willful retention of a deposit makes a Colorado landlord liable for treble, meaning three times, the amount wrongfully withheld, together with reasonable attorney fees and court costs (C.R.S. 38-12-103(3)(a)). In the tenant's action the landlord bears the burden of proving the withholding was not wrongful (38-12-103(3)(b)).
Before filing a wrongful-withholding action for treble damages, a Colorado tenant must give the landlord notice of intent to file legal proceedings at least seven days before filing (C.R.S. 38-12-103(3)(a)). A demand letter that states the amount owed and says you intend to file suit if unpaid can serve as this notice.
Give the landlord your forwarding address and send the demand using a trackable method such as certified mail with return receipt. Keep a copy of the letter and the delivery record, which also proves when your seven-day notice was sent, for a later Colorado small claims filing.
If the demand is ignored, a Colorado tenant may sue in small claims court for up to $7,500, exclusive of interest and costs (C.R.S. 13-6-403). The deadline to sue on a lease is three years (C.R.S. 13-80-101), though filing promptly after the demand and the seven-day notice is the practical course.
Frequently Asked Questions
It is a written demand a Colorado tenant sends a former landlord to recover a security deposit the landlord did not return within the one-month window that C.R.S. 38-12-103(1) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. In Colorado it also serves a second purpose: the treble-damages statute requires you to give the landlord notice of intent to file legal proceedings at least seven days before suing (38-12-103(3)(a)), and a demand letter can carry that notice.
A Colorado security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Small claims court is a formal case you file, usually after the demand is ignored, where an individual may claim up to $7,500, exclusive of interest and costs (C.R.S. 13-6-403). The demand letter often resolves the dispute, and it can also give the seven-day notice of intent to file that the treble-damages statute requires.
In Colorado the landlord must return the full deposit within one month after the lease ends or the premises are surrendered and accepted, whichever occurs last, unless the lease specifies a longer period, which may not exceed 60 days (C.R.S. 38-12-103(1)). If the landlord keeps any portion, a written statement of the exact reasons must go out within the same window, and a landlord who misses it forfeits all rights to withhold (38-12-103(2)).
The willful retention of a security deposit makes a Colorado landlord liable for treble, meaning three times, the amount wrongfully withheld, together with reasonable attorney fees and court costs (C.R.S. 38-12-103(3)(a)). The tenant must give the landlord notice of intent to file legal proceedings at least seven days before suing, and in the tenant's action the landlord bears the burden of proving the withholding was not wrongful (38-12-103(3)(b)). Willful means more than an honest mistake.
A Colorado landlord may retain the deposit only for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant (C.R.S. 38-12-103(1)). No deposit may be retained for normal wear and tear, meaning deterioration from the intended use of the unit without negligence, carelessness, accident, or abuse (38-12-102(4)). Deductions outside these categories can be disputed in your demand letter.
Yes, for the treble-damages remedy. Before filing a wrongful-withholding action under C.R.S. 38-12-103, a Colorado tenant must give the landlord notice of intent to file legal proceedings at least seven days before filing (38-12-103(3)(a)). A demand letter that states the amount owed, sets a payment deadline, and says you intend to file suit if unpaid can serve as that seven-day notice, so keep proof of when you sent it.
A Colorado small claims action may seek up to $7,500, exclusive of interest and costs (C.R.S. 13-6-403). A deposit claim can include the amount wrongfully withheld plus, where the retention was willful, treble damages and reasonable attorney fees under C.R.S. 38-12-103(3)(a), after the required seven-day notice. The deadline to sue on a lease is three years (C.R.S. 13-80-101), though sending your demand letter and filing promptly is the practical approach.
A Colorado demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the one-month deadline under C.R.S. 38-12-103(1) has passed. It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date. Because the treble-damages statute requires seven days' notice before filing, state clearly that you intend to file legal proceedings if you are not paid by the deadline (38-12-103(3)(a)).