Colorado · Security deposit dispute

Security deposit dispute in Colorado small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In Colorado, small-claims cases are heard in the Small Claims Court (a division of the County Court) and you can sue for up to $7,500.

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Notice, Claim, and Summons to Appear for Trial (Form JDF 250) in Colorado

  1. Complete Form JDF 250. Fill out the Notice, Claim, and Summons to Appear for Trial (JDF 250), identifying the names and addresses of the plaintiff(s) and defendant(s) in the caption, answering all four questions Yes or No, and writing a brief description of your claim including what you are claiming and the amount requested. If a defendant is a business or entity, look up its registered agent at coloradosos.gov. Complete all 4 parts (7 pages). Do not attach exhibits to the form. Per the guide: "JDF 250 is the initial form that you will need to file a Small Claims Case."
  2. File the form with the county court and pay the filing fee. Take the completed JDF 250 (all four parts / 7 pages) to the clerk's counter in the county court in the proper county and pay the nonrefundable filing fee ($31.00 for claims of $500 or less; $55.00 for claims over $500 up to $7,500). The court completes the section setting the trial date and time. If you cannot afford the fee, file a Motion to File Without Payment and Supporting Financial Affidavit (JDF 205).
  3. Serve the defendant. Have each defendant served with the 'Defendant's Copy' of JDF 250 at least 15 days before the trial date. Service may be made by any person 18 or older who is not a party, by a sheriff or process server, or by certified mail mailed by the clerk (you prepay the certified-mail cost, roughly $5.00 to $15.00). File the completed Affidavit of Service with the court before or on the trial date.
  4. Attend mediation (if required) and the trial. Some small claims courts require mediation before or on the trial date; the parties may reach a stipulation (JDF 75). If no agreement is reached, appear at the scheduled trial with all evidence and witnesses. A magistrate or judge decides the case; jury trials are not allowed.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Debt on a contract or account: 6 years (C.R.S. § 13-80-103.5)

Answering a lawsuit: On or before the scheduled trial date

Serving the defendant: The defendant must be served with the 'Defendant's Copy' of JDF 250 at least 15 days before the trial date. Service may be by any non-party who is 18 or older, by a sheriff or process server, or by certified mail mailed by the clerk (prepay cost). An Affidavit of Service must be filed with the court before or on the trial date.

Appeals: A party who wishes to appeal must file a notice of appeal within 14 days of the judgment and proceed under C.R.C.P. 411. The appeal goes to the district court in the same county; the appellant must give the appeal paperwork to the county court within 14 calendar days of the decision, and file a copy of the Notice of Appeal and Designation of Record in the district court within 35 days.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Colorado Judicial Branch - Small Claims or County Civil Appeal (self-help). Last reviewed 2026-06-23.