Colorado Landlord Tenant Act on Security Deposits
The Colorado Revised Statutes Sections 38-12-101 to 13-40-101 codifies the Landlord and Tenant Act. In Colorado, landlords may use their tenants' security deposits to cover damages beyond normal usage, excessive cleaning, unpaid rent and unpaid utility bills. Before tenants move, they must provide their forwarding information to their landlords to receive refunds.
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Amount
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Colorado law does not limit how much landlords can collect from their tenants to cover incidental damages. Landlords can charge as much as necessary to cover any incidental damages beyond normal wear and tear. Although the state statute does not require landlords to maintain their tenants' security deposits in interest-bearing accounts, several counties and cities in Colorado require it. Boulder, for example, requires its landlords to pay their tenants interest on security deposits for residential property.
Returns
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Landlords have 30 days to return their tenants' security deposits, and if they are deducting to cover incidental damages, they must provide their tenants with a written itemization of the deductions and the amount charged for each deduction. Tenants must provide their landlords with a forwarding address, or their landlords will send their deposits to the last known address they have on file. Landlords can extend the return time to up to 60 days through written agreement with their tenants.
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Tenants' Rights
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Landlords who do not provide a written itemization of damages must return their tenants' entire deposit amount within 30 days. If the landlord does not send her tenant's security deposit to her within 30 days, the tenant can sue the landlord in court by filing a simplified civil action complaint in a local Colorado county court. The legal complaint process requires tenants to send a "seven-day demand letter" to their landlords before filing suit.
Demand Letters
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Tenants must send their demand letters by certified mail. Landlords have seven days to return their deposits after they receive their demand letters. If they do not comply within seven days, tenants have a right to sue them. If the county court decides to issue a judgment against the landlord, a tenant may be able to recover treble damages or three times the amount of the withheld security deposit plus reasonable attorney's fees and legal court costs.
Considerations
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Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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