How do I dispute a security deposit return in Colorado?

Colorado's deposit statute is C.R.S. § 38-12-103, supplemented by § 38-12-104 (hazardous condition exception).

1. 30/60-Day Return Rule

Within 30 days after termination (or up to 60 days if expressly stated in the lease in bold or underlined type), the landlord must return the deposit (less lawful deductions) along with a written, itemized statement of damages (§ 38-12-103(1)).

2. Hazardous-Condition Extension

If hazardous gas conditions require extended repair time, the landlord may have up to 72 hours after the tenant surrenders the unit to terminate utilities (§ 38-12-104), but the 30/60-day return clock still runs.

3. Allowed vs. Prohibited Deductions

Permitted: unpaid rent, damages exceeding normal wear and tear, late fees, abandoned property removal. Prohibited: ordinary wear and tear, routine cleaning, repainting after long tenancies.

4. Treble Damages

A landlord who willfully retains any portion of the deposit without providing the itemized statement and refund within the deadline is liable for three times the amount wrongfully withheld plus reasonable attorney's fees and court costs (§ 38-12-103(3)(a)).

5. 7-Day Pre-Suit Notice Required

Before filing suit for treble damages, the tenant must send the landlord a 7-day written notice of intent to sue (§ 38-12-103(3)(a)). The landlord can avoid trebling by paying within 7 days.

6. Small Claims & Limitations

Colorado county court small claims (up to $25,000 as of 2023). The statute of limitations is 6 years for liquidated debts (C.R.S. § 13-80-103.5) or 3 years for general contracts (§ 13-80-101).

This is legal information, not legal advice.