---
title: "Colorado Landlord Rules: Deposits, Notices, Evictions | MCC"
description: "Colorado landlord-tenant rules: deposit returned within 30 days, 24-hour entry notice, $7,500 small claims limit. Official sources linked."
url: "https://mcc-solutionsnj.com/tools/colorado-landlord-rules"
---

Free tool · Colorado · Landlords and tenants

# Colorado landlord rules: deposits, notices and the eviction steps

The deposit rules, notice periods, eviction case and small claims limit for Colorado, each from the state's own pages or courts.

**Quick answer.** Security deposit return deadline in Colorado: Within 30 days after the lease ends or the premises are surrendered, unless the lease sets a longer period of no more than 60 days.

**Sources checked:** November 2026

**Quick answer.** Colorado: deposit returned within 30 days; 24-hour entry notice; $7,500 small claims limit. 19 of 23 items are confirmed on official pages; 4 are marked not confirmed, with the page to check.

## Key numbers

Deposit back within

30 days

Month-to-month notice (landlord)

1 month to under 6 months: 21 days; 1 week to under 1 month, or at will: 3 days

Unpaid rent notice

Most residential tenancies: 10 days; Exempt residential agreement: 5 days

Entry notice

24 hours

Filing fee

Varies by county

Time to answer or appear

At the hearing

Judgment to writ

10 days

Small claims limit

$7,500

## Security deposit (3 of 6 confirmed)

Law read: C.R.S. 38-12-103, as amended by HB25-1249 (effective January 1, 2026).

Need the other side served? [Process serving with an affidavit of service](/notary/process-serving).

- ### Not confirmedDeposit limit Not confirmed — check [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf). Not confirmed from official text. Check C.R.S. 38-12-102 and 38-12-103.
- ### ConfirmedReturn deadline Within 30 days after the lease ends or the premises are surrendered, unless the lease sets a longer period of no more than 60 days.If the lease sets a longer period (no more than 60 days) Sources: [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf); [Colorado Division of Real Estate: HB25-1249 summary](https://dre.colorado.gov/hb25-1249-summary), checked November 2026
- ### ConfirmedItemized list of deductions A written statement listing the exact reasons for keeping any part of the deposit. Under 38-12-103(8), on the tenant's written request the landlord provides supporting documents such as photographs, inspection reports, receipts, invoices or estimates. Sources: [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf); [Colorado Division of Real Estate: HB25-1249 summary](https://dre.colorado.gov/hb25-1249-summary), checked November 2026
- ### Not confirmedInterest on the deposit Not confirmed — check [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf). Not confirmed from official text. Check C.R.S. 38-12-103.
- ### Not confirmedWhere the deposit is held Not confirmed — check [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf). Not confirmed from official text. Check C.R.S. 38-12-103.
- ### ConfirmedPenalty the law states A landlord who doesn't comply forfeits the right to withhold any part of the deposit. Treble damages, reasonable attorney fees and court costs if the landlord doesn't return the deposit within seven days after the tenant's demand and notice of intent to sue. Sources: [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf); [Colorado Division of Real Estate: HB25-1249 summary](https://dre.colorado.gov/hb25-1249-summary), checked November 2026

More: [Security deposit rules by state](/tools/security-deposit-rules-by-state#st-CO) · [Deposit return deadline calculator](/tools/security-deposit-return-deadline-calculator?state=CO)

## Notice periods (6 of 6 confirmed)

What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.

| Notice | Rule | Source |
| --- | --- | --- |
| Ending month-to-month (landlord) | By the length of the tenancy: 21 days for 1 month to less than 6 months; 3 days for 1 week to less than 1 month or at will; given before the end of the term. Cause and no-fault grounds in C.R.S. 38-12-1303 may apply. | Source: [Colorado Legislative Council Staff: Laws Regulating Landlords and Tenants (September 2024)](https://content.leg.colorado.gov/sites/default/files/landlord_tenant_ip_memo_final_oct_24.pdf), checked November 2026 (C.R.S. 13-40-107(2)) |
| Ending month-to-month (tenant) | The same written notice as the landlord's, signed by the party giving it: 21 days for a tenancy of 1 month to less than 6 months; 3 days for 1 week to less than 1 month or at will; served before the end of the term. The 2022 text says the notice "shall be signed by the landlord or tenant, the party giving such notice or his agent or attorney"; "A tenancy of one month or longer but less than six months, twenty-one days." Justia's 2022 edition may not be the latest; the periods match the Legislative Council's 2024 memo for the landlord's notice. | Source: [Justia (statute text) (secondary source): 2022 Colorado Code 13-40-107](https://law.justia.com/codes/colorado/2022/title-13/article-40/section-13-40-107), checked November 2026 (C.R.S. 13-40-107(1), (2)) |
| Rent increase notice | Where there's no written lease, at least 60 days' notice; no more than one increase in any 12 consecutive months. | Source: [Colorado Legislative Council Staff: Laws Regulating Landlords and Tenants (September 2024)](https://content.leg.colorado.gov/sites/default/files/landlord_tenant_ip_memo_final_oct_24.pdf), checked November 2026 (C.R.S. 38-12-701; 38-12-702) |
| Unpaid rent notice | For most residential tenancies, ten days' written notice demanding payment of the rent or possession. An exempt residential agreement (a single-family home leased by a landlord who owns five or fewer single-family rental homes, with the agreement saying the ten-day period does not apply) needs five days. The 2025 text requires "ten days' notice in writing"; for an exempt residential agreement "five days' notice is required pursuant to this section." | Source: [Justia (statute text) (secondary source): 2025 Colorado Revised Statutes 13-40-104](https://law.justia.com/codes/colorado/title-13/forcible-entry-and-detainer/article-40/section-13-40-104), checked November 2026 (C.R.S. 13-40-104(1)(d), (5)) |
| Entry notice | For repairs of a habitability condition, at least 24 hours' notice unless it threatens life, health or safety. No general entry rule in the memo. | Source: [Colorado Legislative Council Staff: Laws Regulating Landlords and Tenants (September 2024)](https://content.leg.colorado.gov/sites/default/files/landlord_tenant_ip_memo_final_oct_24.pdf), checked November 2026 (C.R.S. 38-12-503(6)(a)(III)) |
| Late fee limits | Only if rent is at least 7 days overdue and the fee is in the agreement; the maximum is $50 or 5% of the past-due rent, whichever is greater. | Source: [Colorado Legislative Council Staff: Laws Regulating Landlords and Tenants (September 2024)](https://content.leg.colorado.gov/sites/default/files/landlord_tenant_ip_memo_final_oct_24.pdf), checked November 2026 (C.R.S. 38-12-105) |

More: [Notice periods by state](/tools/landlord-tenant-notice-periods-by-state#st-CO) · [Notice date calculator](/tools/notice-date-calculator?state=CO)

## Eviction case, in order (9 of 10 confirmed)

- **Notice before filing** The written notice comes first; its length is in the notice table above.Unpaid rent: For most residential tenancies, ten days' written notice demanding payment of the rent or possession. An exempt residential agreement (a single-family home leased by a landlord who owns five or fewer single-family rental homes, with the agreement saying the ten-day period does not apply) needs five days.
- **Filing the case** Where the case goes and what it costs to start. #### ConfirmedCourt County court in the county where the rental is.filed in County Court pursuant to this article 40 Source: [Colorado Judicial Branch: Jefferson County Eviction Packet (4.7.25)](https://www.coloradojudicial.gov/sites/default/files/2025-04/Jefferson%20County%20Eviction%20Packet%204.7.25.pdf), checked November 2026
- #### ConfirmedFiling fee Depends on the amount claimed: $95 to $265 in the Jefferson County packet ($85 for county court claims under $1,000 in the clinic slides). Tenants pay no filing or service fee.$95-$265 (varies by requested damages) Source: [Colorado Judicial Branch: Jefferson County Eviction Packet (4.7.25)](https://www.coloradojudicial.gov/sites/default/files/2025-04/Jefferson%20County%20Eviction%20Packet%204.7.25.pdf), checked November 2026

- **The tenant's answer or appearance** #### ConfirmedTime to answer or appear The Answer is due by the court date on the summons.The court date on the summons is a deadline for the tenant to file an Answer. Source: [Colorado Judicial Branch: Understanding the Eviction Process (FED clinic slides, November 2024)](https://www.coloradojudicial.gov/sites/default/files/2024-11/FED%20Clinic%20PowerPoint%20-%20November%202024.pdf), checked November 2026

- **Hearing or trial** #### ConfirmedHearing after filing The clerk sets the return (court) date 7 to 14 days after filing.The clerk will schedule a return date that should be between 7 and 14 days from the day you file Source: [Colorado Judicial Branch: Understanding the Eviction Process (FED clinic slides, November 2024)](https://www.coloradojudicial.gov/sites/default/files/2024-11/FED%20Clinic%20PowerPoint%20-%20November%202024.pdf), checked November 2026

- **Judgment and the writ** The order that lets the officer act. #### ConfirmedJudgment to writ The writ of restitution can't issue until at least 10 days after judgment.until at least 10 days have passed since judgment was entered Source: [Colorado Judicial Branch: Understanding the Eviction Process (FED clinic slides, November 2024)](https://www.coloradojudicial.gov/sites/default/files/2024-11/FED%20Clinic%20PowerPoint%20-%20November%202024.pdf), checked November 2026

- **Lockout** Carried out by an officer, not by either side. #### Not confirmedWrit to lockout Not confirmed — check [Colorado Judicial Branch: Residential Evictions](https://www.coloradojudicial.gov/self-help/residential-evictions). Not confirmed on an official page we opened.
- #### ConfirmedWho carries out the lockout After the writ, the landlord sets a removal date with the sheriff.Once ordered, the Writ will allow the Sheriff to physically remove a tenant from the property. Source: [Colorado Judicial Branch: Residential Evictions](https://www.coloradojudicial.gov/self-help/residential-evictions), checked November 2026

- **Along the way** Paying to stop the case, counsel and diversion programs. #### ConfirmedPaying to stop the case The court's clinic slides list paying the landlord the rent owed before the judge orders possession as a defense.Tenant able to pay the landlord rent owed before the judge orders possession for the landlord. Source: [Colorado Judicial Branch: Understanding the Eviction Process (FED clinic slides, November 2024)](https://www.coloradojudicial.gov/sites/default/files/2024-11/FED%20Clinic%20PowerPoint%20-%20November%202024.pdf), checked November 2026
- #### ConfirmedRight to counsel (statewide) No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here. Local: Boulder (2020) and Denver (2021) have their own right-to-counsel laws.An eviction right to counsel is created by an enacted law that, at a minimum: Source: [National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026)](https://civilrighttocounsel.org/wp-content/uploads/2023/11/RTC_Enacted_Legislation_in_Eviction_Proceedings_FINAL.pdf), checked November 2026
- #### ConfirmedDiversion or mediation (statewide) Free mediation is available; it is mandatory through the state Office of Dispute Resolution for tenants who receive SSI, SSDI or TANF.A tenant qualifies for mandatory mediation through ODR if they receive SSI, SSDI, or TANF. Source: [Colorado Judicial Branch: Understanding the Eviction Process (FED clinic slides, November 2024)](https://www.coloradojudicial.gov/sites/default/files/2024-11/FED%20Clinic%20PowerPoint%20-%20November%202024.pdf), checked November 2026

### Example: a case filed Monday, March 1, 2027

The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.

| Stage | Earliest date |
| --- | --- |
| Case filed | Monday, March 1, 2027 |
| Answer or appear | Monday, March 8, 2027 |
| Hearing or trial | Monday, March 8, 2027 |
| Judgment | Monday, March 8, 2027 |
| Writ or warrant of possession | Thursday, March 18, 2027 |

Help the official pages name: Court Resource Centers (Sherlocks) and the Housing Resources page and Colorado Legal Services, free legal help for low-income tenants.

More: [Colorado eviction process](/tools/eviction-process-colorado) · [Eviction timeline estimator](/tools/eviction-timeline-estimator?state=co)

## Deposit disputes: small claims

- ### ConfirmedSmall claims limit (for a deposit dispute) $7,500: the most a small claims case can ask for.$7,500 or less. Not for libel or slander, eviction, injunctive relief, or probate, mental health, divorce or custody matters.Filing fee to start a case: $31 to $55. Source: [Colorado Judicial Legal Help Center: When can I sue in small claims court](https://lawhelp.colorado.gov/when-can-i-sue-in-small-claims-court), checked November 2026

More: [Colorado small claims court](/tools/small-claims-colorado)

## Still to confirm

- Deposit limit: check [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf)
- Interest on the deposit: check [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf)
- Where the deposit is held: check [Colorado General Assembly: HB25-1249, enrolled text](https://content.leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1249_enr.pdf)
- Writ to lockout: check [Colorado Judicial Branch: Residential Evictions](https://www.coloradojudicial.gov/self-help/residential-evictions)

General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.

## Common questions

**How long does a Colorado landlord have to return a deposit?**

Within 30 days after the lease ends or the premises are surrendered, unless the lease sets a longer period of no more than 60 days. What goes with it: A written statement listing the exact reasons for keeping any part of the deposit. Under 38-12-103(8), on the tenant's written request the landlord provides supporting documents such as photographs, inspection reports, receipts, invoices or estimates.

**How much notice ends a month-to-month tenancy in Colorado?**

From the landlord: By the length of the tenancy: 21 days for 1 month to less than 6 months; 3 days for 1 week to less than 1 month or at will; given before the end of the term. Cause and no-fault grounds in C.R.S. 38-12-1303 may apply. From the tenant: The same written notice as the landlord's, signed by the party giving it: 21 days for a tenancy of 1 month to less than 6 months; 3 days for 1 week to less than 1 month or at will; served before the end of the term.

**What notice comes before an unpaid-rent case in Colorado?**

For most residential tenancies, ten days' written notice demanding payment of the rent or possession. An exempt residential agreement (a single-family home leased by a landlord who owns five or fewer single-family rental homes, with the agreement saying the ten-day period does not apply) needs five days.

**How much notice before a landlord enters a rental in Colorado?**

For repairs of a habitability condition, at least 24 hours' notice unless it threatens life, health or safety. No general entry rule in the memo.

**How long does an eviction case take in Colorado?**

Time to answer or appear: At the hearing. Hearing after filing: 7 to 14 days. Judgment to writ: 10 days. These are the stated rules; the court's calendar often takes longer.

**What does it cost to file an eviction case in Colorado?**

Depends on the amount claimed: $95 to $265 in the Jefferson County packet ($85 for county court claims under $1,000 in the clinic slides). Tenants pay no filing or service fee.

**Can a Colorado deposit dispute go to small claims court?**

The small claims limit in our data: $7,500: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.

Related: [Landlord rules by state](/tools/landlord-rules-by-state) · [Kits for landlords](/toolkits/for/landlords)

## Keep rental records in order

[Bookkeeping for small landlords](/bookkeeping/for/small-landlords)[Call (908) 444-6373](tel:+19084446373)