HomeBlog Home
Recommended Reads

Colorado Security Deposit Rules and Deposit Help for Renters

Brian Lee BurkeBrian Lee Burke
Feb 8, 2023 • 5 min read
Share to X
Share to Facebook
Share to Linkedin
Copy Link
Colorado Security Deposit Rules and Deposit Help for Renters

In Colorado a security deposit is capped at two months' rent, the landlord must return it within one month after you move out (up to 60 days if the lease says so), and a landlord who keeps it without a written list of deductions owes you three times the amount withheld. Those three rules come from Colorado Revised Statutes 38-12-102 and 38-12-103 and Senate Bill 23-184, and they apply in every city and county in the state.

This guide answers what Front Range renters ask about deposits: how much a landlord can charge, what the landlord can deduct, how to get the deposit back, where to find deposit help in the Denver metro, and how to turn a returned deposit into the first payment on a home through rent-to-own or a CHFA loan.

Colorado calls it a security deposit, not a bond

The article this page replaces was written for Australian renters, where the deposit is called a rental bond, the state holds it in trust, and government schemes lend part of it to people looking for bond loans in Tasmania and other states. Colorado has none of that. The landlord holds your deposit, no state agency lends it, and the protections come from the statute and the lease. Deposit-alternative products sold in Colorado (a monthly nonrefundable fee in place of a deposit) are insurance for the landlord, not for you; you still owe every dollar of damage.

Colorado security deposit rules at a glance

RuleColorado lawWhere it comes from
Maximum depositTwo months' rentSB23-184 (2023)
Pet deposit$300 maximum, refundable; pet rent capped at $35 a month or 1.5% of rent, whichever is greaterHB23-1068 (2024)
Return deadlineOne month after the lease ends or you surrender the unit; up to 60 days if the lease says soC.R.S. 38-12-103
DeductionsUnpaid rent, utilities, cleaning beyond normal wear and tear, damage; a written itemized statement is requiredC.R.S. 38-12-102 and 103
Penalty for wrongful withholdingThree times the amount wrongfully kept plus attorney fees, after a 7-day written notice from the tenantC.R.S. 38-12-103(3)
Income screeningLandlord cannot require income above 200% of the rentSB23-184
Application feesLimited to the landlord's actual screening cost, the same for every applicantHB19-1106
Screening reportLandlord must accept your portable tenant screening report if it is 30 days old or newer, with no application feeHB23-1099
Late fees$50 or 5% of the overdue rent, whichever is greater, and only after rent is 7 days lateHB21-1173
Interest on the depositNot required by state lawNo statute

How much cash does a Denver metro move-in take?

On a $2,000 apartment in Aurora, Lakewood or Thornton, plan on first month's rent, a deposit of one to two months, and a $300 pet deposit if you have a dog: $4,300 to $6,300 before the moving truck. A Denver house at $2,800 puts the total at $5,900 to $8,700. Landlords who charge a full two months are at the legal maximum; ask for one month, because the law sets a ceiling, not a price.

Where do Colorado renters get deposit help?

  • Colorado Housing Connects, 1-844-926-6632: the statewide housing helpline run by Brothers Redevelopment. One call routes you to the deposit and rent programs open in your county that month.
  • 2-1-1 Colorado: dial 2-1-1 for the current list of agencies with move-in funds in Denver, Arapahoe, Adams, Jefferson and Douglas counties.
  • Denver Department of Housing Stability (HOST): the Temporary Rental and Utility Assistance program helps Denver residents with rent and utilities; ask whether the current funding round covers move-in costs.
  • Adams County: Almost Home in Brighton runs rental and deposit assistance for Adams County residents.
  • County human services: Arapahoe, Jefferson and Douglas County human services offices each administer emergency housing assistance with income limits set by county.
  • Salvation Army and Denver-area charities: both run move-in assistance with one-time deposit grants when funded.

Every program has income limits, a waiting list in busy months and a paperwork list: photo ID, the signed lease, proof of income and the landlord's W-9. Start the application before you sign, because none of them pays the landlord in less than two weeks.

Should I borrow the deposit?

Borrow only what a returned deposit will repay. A $3,000 personal loan at 18% over 12 months costs $300 in interest; the same amount on a credit card at 28% paid off over two years costs $900. Before you sign for any loan, run the payment through a calculator such as the Plenti finance calculator and compare the monthly payment with your rent-to-income ratio. Above 40% of take-home pay for rent plus the loan payment, choose a cheaper unit instead.

How to get the full deposit back in Colorado

  1. Document move-in day. Photograph every room, the appliances, the carpet and the walls with the date visible, and email the photos to the landlord the same day. Colorado does not require a move-in checklist; your photos replace it.
  2. Read the deposit paragraph in the lease. Find the return window (30 days or up to 60), any cleaning fee, and the forwarding-address requirement.
  3. Give written notice on time. Most Colorado leases require 30 to 60 days' notice; late notice costs a month of rent out of the deposit.
  4. Clean and repair to the move-in photos. Normal wear and tear (faded paint, worn carpet paths, small nail holes) is not deductible under C.R.S. 38-12-102.
  5. Do a walk-through with the landlord and send your forwarding address in writing.
  6. Count the days. If the deposit and the itemized statement do not arrive by the deadline, send a 7-day demand letter citing C.R.S. 38-12-103. After 7 days, file in county court for treble damages; claims under $7,500 go to small claims without a lawyer.

First-time renters get the full lease walkthrough in what to know before you sign a Colorado lease.

From deposit to down payment: rent-to-own in Colorado

A returned deposit of $2,000 to $5,000 is the first piece of a down payment. Rent-to-own, also called a lease option, puts you in the house now with an option fee of 1% to 5% of the price that is credited to the purchase, and a monthly rent credit that builds the rest while you fix credit or income. Read how it works on our Colorado rent-to-own homes page, then look at rent-to-own homes in Denver, rent-to-own homes in Aurora, rent-to-own homes in Colorado Springs and rent-to-own homes in Greeley.

From deposit to down payment: CHFA and metroDPA

The Colorado Housing and Finance Authority lends to buyers with a 620 credit score, a $1,000 minimum contribution and income under the county limit. CHFA's down payment assistance grant covers up to 3% of the first mortgage with no repayment, and its second-mortgage option covers up to 4%. metroDPA does the same job for buyers in the Denver metro through participating cities and counties. A renter with a $2,500 returned deposit, a $1,000 contribution and a CHFA grant is at the closing table on a $350,000 Aurora or Thornton condo with an FHA loan.

Where to go next

Talk to the Kenna Real Estate Group

We help Colorado renters move from a lease to a rent-to-own home or a CHFA-backed purchase, starting with a credit and budget review that costs nothing. Call or text 303-955-4220. A live person answers. Not a robot, not a phone tree. When you are ready to look, search every home for sale in Colorado and filter by price.

Homes for sale that match this post

Guides

Questions about any home in Colorado? Call or text 303-955-4220. A live person answers.

Quick answers

What is the maximum security deposit in Colorado?

Two months' rent under SB23-184, plus a refundable pet deposit of no more than $300. A landlord who asks for more is outside the law and the lease clause is unenforceable.

How many days does a landlord have to return a deposit in Colorado?

One month after the lease ends or you surrender the unit, unless the lease sets a longer period, which cannot exceed 60 days. The deposit and a written itemized statement of deductions arrive together.

What is the penalty for keeping a deposit in bad faith in Colorado?

Three times the amount wrongfully withheld plus attorney fees under C.R.S. 38-12-103. Send a 7-day written demand first, then file in county court; claims under $7,500 go to small claims.

Is there a state bond loan program for renters in Colorado?

No. Colorado has no government deposit loan scheme. Deposit help comes from county human services, Denver's Department of Housing Stability, nonprofits reached through 2-1-1 and Colorado Housing Connects at 1-844-926-6632.

Does a Colorado landlord have to pay interest on a deposit?

State law does not require interest. Your lease controls; read the deposit paragraph before you sign.

Can a landlord charge me an application fee if I bring my own screening report?

No. Under HB23-1099 a landlord must accept a portable tenant screening report that is 30 days old or newer and cannot charge an application fee when you provide one.

What credit score does CHFA require?

620, with a $1,000 minimum borrower contribution and a homebuyer education class. The CHFA grant covers up to 3% of the first mortgage with no repayment; the second-mortgage option covers up to 4%.

What does a rent-to-own option fee cost in Colorado?

1% to 5% of the agreed price, paid at signing and credited to the purchase when you close. A monthly rent credit builds the rest of the down payment during the lease term.

Denver Homes for Sale Right Now

View More Homes
5147 Properties Found
Sort By:

Ask us about moving from renting to rent-to-own in Colorado

I agree to be contacted by The Kenna Real Estate Group via call, email, and text for real estate services. To opt out, you can reply 'stop' at any time or reply 'help' for assistance. You can also click the unsubscribe link in the emails. Message and data rates may apply. Message frequency may vary. For more information, please review our Privacy Policy.
WRITTEN BY
Brian Lee Burke
Brian Lee Burke
Team Leader and Licensed Broker, REALTORĀ® since 2002, Author

Brian Lee Burke is the founder and team leader of Kenna Real Estate Group, a real estate team at Keller Williams DTC. A licensed REALTORĀ® since 2002, Brian helps Colorado buyers and sellers navigate residential real estate, new construction, pricing, and negotiation. He is also the author of The Real Estate Playbook and Mastering Real Estate: Your Guide to Becoming a Top Agent.

View Brian Lee Burke’s full profile.

WRITTEN BY
Brian Lee Burke
Brian Lee Burke
Team Leader and Licensed Broker, REALTORĀ® since 2002, Author

Brian Lee Burke is the founder and team leader of Kenna Real Estate Group, a real estate team at Keller Williams DTC. A licensed REALTORĀ® since 2002, Brian helps Colorado buyers and sellers navigate residential real estate, new construction, pricing, and negotiation. He is also the author of The Real Estate Playbook and Mastering Real Estate: Your Guide to Becoming a Top Agent.

View Brian Lee Burke’s full profile.