what does the law say regarding repayment of the deposit by the landlord?

Full question:

I am looking for a rental unit in Downtown, Denver. I am not familiar with tenancy laws in Colorado. I have met a few landlords in the vicinity but I am confused about the security deposit amounts they quote. All of them charge about the same amount as rent ($900) but their demand for the security amounts vary from $900 to $1800. Why is it so? Even if I do take up a rental unit, what does the law say regarding repayment of the deposit by the landlord?

• Category: Landlord Tenant
• Subcategory: Residential Lease
• Date: 04/07/2025
• State: Colorado

Answer:

Almost all states in the US have a prescribed maximum amount which can be demanded by the landlord as security deposit. However, in Colorado, there is no prescribed maximum amount for security deposits that the landlord can demand. There is no statute in Colorado that prescribes a maximum limit for landlords demanding security deposit.  

As for the security deposit refund, the provisions in C.R.S. 38-12-103 govern that aspect. It reads:
 

“(1) A landlord shall, within one month after the termination of a lease or surrender and acceptance of the premises, whichever occurs last, return to the tenant the full security deposit deposited with the landlord by the tenant, unless the lease agreement specifies a longer period of time, but not to exceed sixty days. No security deposit shall be retained to cover normal wear and tear. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement listing the exact reasons for the retention of any portion of the security deposit. When the statement is delivered, it shall be accompanied by payment of the difference between any sum deposited and the amount retained. The landlord is deemed to have complied with this section by mailing said statement and any payment required to the last known address of the tenant. Nothing in this section shall preclude the landlord from retaining the security deposit for nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair work, or cleaning contracted for by the tenant.
(2) The failure of a landlord to provide a written statement within the required time specified in subsection (1) of this section shall work a forfeiture of all his rights to withhold any portion of the security deposit under this section.
(3) (a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.
(b) In any court action brought by a tenant under this section, the landlord shall bear the burden of proving that his withholding of the security deposit or any portion of it was not wrongful.
(4) Upon cessation of his interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver, or otherwise, the person in possession of the security deposit, including but not limited to the landlord, his agent, or his executor, shall, within a reasonable time:
(a) Transfer the funds, or any remainder after lawful deductions under subsection (1) of this section, to the landlord's successor in interest and notify the tenant by mail of such transfer and of the transferee's name and address; or
(b) Return the funds, or any remainder after lawful deductions under subsection (1) of this section, to the tenant.
(5) Upon compliance with subsection (4) of this section, the person in possession of the security deposit shall be relieved of further liability.
(6) Upon receipt of transferred funds under subsection (4) (a) of this section, the transferee, in relation to such funds, shall be deemed to have all of the rights and obligations of a landlord holding the funds as a security deposit.
(7) Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this section for the benefit of a tenant or members of his household is waived shall be deemed to be against public policy and shall be void.”