What happens to my security deposit?
If the abuser is on the same lease that you are terminating, there is a “presumption” in the law that you will receive the full security deposit.1 The landlord can keep part of the security deposit only if:
- you did not pay in full:
- the prior rent that you owed;
- your utility charges; or
- any other lawful charges that were included in your lease; or
- there is necessary repair work for damage that happened while you lived there that is more than normal wear and tear, as long as that damage was not caused by the unlawful sexual assault, stalking, domestic violence, or domestic abuse.2
If the landlord claims any of these apply, they must give you a written statement listing the exact reasons when they return the rest of your security deposit.3
1 Colo. Rev. Stat. § 38-12-402(2)(b)
2 Colo. Rev. Stat. § 38-12-103(1)(b)
3 Colo. Rev. Stat. § 38-12-103(1)(a)




