Colorado Security Deposit Demand Letter — The 7-Day Notice (2026)

Colorado is one of the few states where a demand letter isn't just the smart first move — it's a statutory prerequisite. Before a tenant can sue for Colorado's treble-damages penalty, the law requires giving the landlord at least 7 days' written notice. That's the "7-day demand letter" tenants search for, and the demand letter in this guide is built to serve as exactly that notice.

This guide shows you a complete sample demand letter for Colorado, explains the deadline in C.R.S. § 38-12-103, covers the treble-damages-plus-fees penalty and the 7-day notice that unlocks it — and walks through the new tenant protections that took effect January 1, 2026 under HB25-1249.

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Colorado's 30-Day Rule (§ 38-12-103)

Under C.R.S. § 38-12-103, your landlord has 30 days after your tenancy ends to return your security deposit or provide a written, itemized statement of any deductions.

One wrinkle worth checking before you count days: the window stretches to 60 days only if your lease specifically says so. Most leases don't — so unless yours spells out a longer period, 30 days is the deadline. Silence past that window — no money, no itemized statement — is exactly the situation the statute's penalty was written for.

Colorado also caps security deposits at two months' rent (SB23-184, in force since 2023). One correction to something circulating online: HB25-1249 did not create a new one-month cap — sources claiming it did are mistaken. The cap is two months.

The Penalty: Treble Damages Plus Attorney's Fees

A landlord who willfully retains your deposit without a valid basis is liable under § 38-12-103 for:

• Three times the amount wrongfully withheld, plus
• Reasonable attorney's fees and court costs

So a $1,500 deposit wrongfully withheld can support a court judgment of $4,500 plus fees. The fee provision changes the economics entirely: Colorado tenant attorneys will actually take deposit cases, because the landlord ends up covering the bill.

The 7-Day Demand Letter — Colorado's Statutory Notice

Here's the part that makes Colorado different, and it's the detail behind the "7 day demand letter" you may have been searching for.

Before filing suit for the treble-damages penalty, § 38-12-103(3) requires the tenant to give the landlord at least 7 days' written notice. The notice does two jobs: it demands the return of the deposit, and it states your intention to file legal proceedings if the landlord doesn't comply. Only after that notice — and the landlord's failure to make it right — is the treble penalty on the table.

Read that as good news, not a hurdle. It means:

The demand letter is the legal mechanism, not just a courtesy. A properly written Colorado demand letter is the § 38-12-103(3) notice — dated, in writing, demanding the deposit, and stating the intent to sue. Send it by certified mail and the 7-day clock starts the day it arrives, on the record.

A landlord who ignores it walks into the treble. Once the notice has been served and the 7 days run, a landlord still sitting on the deposit isn't just late anymore — they're late after formal statutory warning, which is precisely the posture the treble-damages penalty was written for.

This is why generic templates underperform in Colorado: a letter that demands the money but never states the intent to file hasn't served the statutory notice — and the treble remedy stays locked.

New for 2026: HB25-1249

For conduct on or after January 1, 2026, Colorado added a set of tenant protections that materially strengthen a deposit demand:

• Routine cleaning charges are off the table. "Normal wear and tear" now expressly includes ordinary uncleanliness — a landlord can't bill you for ordinary cleaning after normal use.
• Pre-existing damage is barred. Deductions for damage or defective conditions that predate your tenancy are prohibited.
• You can demand the receipts. You may demand supporting documentation for any claimed deduction within 14 days — and a landlord who doesn't produce it has, by that failure alone, supported a wrongful-withholding claim.
• The 125% marker. Withholding 125% or more of the landlord's actual damages can be treated as bad faith.

If your move-out was on or after January 1, 2026, a well-built demand letter puts these to work — the documentation demand in particular, because it forces the landlord to either substantiate every deduction within 14 days or hand you the wrongful-withholding argument.

Sample Colorado Security Deposit Demand Letter

Here's what a properly structured Colorado demand letter looks like — laid out the way an actual demand letter reads on paper. The scenario: the tenant moved out June 15, 2026, and the landlord has sent nothing — no refund, no itemized statement — for over six weeks.

Notice what this letter does — and doesn't do:

• It serves the statutory notice by name. The letter doesn't just demand the money — it states, citing § 38-12-103(3), that it is the written notice of the demand and the intent to file. Both halves matter; the letter says both.
• It states the treble exposure as what it is: the consequence of ignoring this notice. The letter doesn't claim the treble has already been won — it puts the landlord on formal notice that continued withholding walks into treble damages, fees, and costs. That's exactly the posture the statute creates, and it's more credible than a template shouting "you owe me triple."
• It uses the 2026 documentation demand. The 14-day demand for supporting documentation forces the landlord to substantiate every deduction or hand over the wrongful-withholding argument — a lever that didn't exist before HB25-1249.
• It handles the 30/60 wrinkle in one clause. The letter notes the lease contains no 60-day provision, closing the one escape hatch the deadline has.
• It closes the side doors. Stating that no rent or fees are owed and that the unit's condition is documented with photographs and a checklist removes the two excuses landlords reach for first.
• It sets a real deadline and states the consequence — court — while leaving the door open to simply paying.

How to Send It

Send the letter by USPS Certified Mail with Return Receipt. This creates dated, third-party proof that the landlord received your demand — and in Colorado it carries extra weight: the 7-day notice period under § 38-12-103(3) runs from the landlord receiving your notice, and a certified-mail receipt is dated evidence of exactly when that happened. Keep the tracking number, the return-receipt confirmation, and a copy of the signed letter. (Full walkthrough: how to send a demand letter by certified mail.)

Then wait out the deadline you set. If the landlord pays, you're done. If not, the letter plus the certified-mail receipt become the backbone of a court case — one where the statutory notice has already been served, the treble is unlocked, and § 38-12-103 puts your attorney's fees on the landlord's tab.

Frequently Asked Questions

What is a 7-day demand letter in Colorado? It's the written notice C.R.S. § 38-12-103(3) requires a tenant to give a landlord at least 7 days before filing suit for treble damages — demanding the return of the deposit and stating the intent to file. A properly written demand letter serves as that notice.

How long does a landlord have to return a security deposit in Colorado? 30 days after the tenancy ends — extended to a maximum of 60 days only if the lease specifically provides a longer period. Within that window the landlord must return the deposit or provide a written, itemized statement of deductions.

What happens if my landlord doesn't return my deposit in 30 days? Willful retention without a valid basis exposes the landlord to treble the amount wrongfully withheld plus reasonable attorney's fees and court costs — after the tenant has given the 7-day written notice the statute requires. The demand letter is that notice.

Can my landlord charge me for cleaning in Colorado? For conduct on or after January 1, 2026, "normal wear and tear" expressly includes ordinary uncleanliness — routine cleaning charges after normal use are off the table, and deductions for pre-existing damage are barred.

How much can a landlord charge for a security deposit in Colorado? Two months' rent, under SB23-184 (in force since 2023). HB25-1249 did not change this — claims of a new one-month Colorado cap are mistaken.

Do I need a lawyer to send a demand letter in Colorado? No. A demand letter is something tenants routinely send themselves — and in Colorado it's also the statutory notice that unlocks the treble remedy. Because § 38-12-103 puts attorney's fees on the table, even the step after the letter is more accessible in Colorado than in most states.

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Get a Letter Built for Your Exact Situation

The sample above fits one specific fact pattern. Your situation may differ — a partial refund with a vague list, deductions you dispute, a lease with a 60-day clause, a pre-2026 move-out — and the statute treats each differently.

TenantShield generates a Colorado-specific demand letter built around your facts: the § 38-12-103(3) notice served correctly, the 2026 HB25-1249 protections invoked where your move-out date supports them, the treble-and-fees exposure stated accurately, and a court-ready structure — in minutes, for $39. Every deadline and citation is verified against the current Colorado statute.

Generate your Colorado demand letter →

Also see: Colorado security deposit law — deadlines and penalties · What to include in a security deposit demand letter · What to do if your landlord won't return your deposit · Sample demand letters for every state · Security deposit deadline calculator

This article is general information about Colorado law, not legal advice for your specific situation.