The tenant must notify the landlord of the demand for return and intent to file legal proceedings before filing the action.
The statute also provides for reasonable attorney fees and court costs when the requirements are met.
The 2026 act places the burden on the landlord to prove compliance and actual damages in specified respects.
Do not treat treble damages as automatic
Whether a withholding is wrongful, whether notice was sufficient and whether the statutory conditions for treble damages are satisfied are legal questions. The remedy should not be presented as a guaranteed payout based only on the size of a deduction.
Official sources
Official enacted-bill page summarizing Colorado’s 2026 security-deposit changes, inspections, documentation, carpet, paint and wrongful-withholding rules.
Colorado General AssemblyHB25-1249 Enrolled Act ↗Primary enrolled act amending C.R.S. §§ 38-12-102 and 38-12-103, effective January 1, 2026.
Colorado General Assembly — Office of Legislative Legal ServicesColorado Law Summary: Renters’ Rights ↗Official legislative legal-services overview of renter protections, including deposit limits and remedies.