SECURITY DEPOSIT ITEMIZATION & ACCOUNTING LETTER
(Colorado)
[// GUIDANCE: This template is drafted to comply with C.R.S. § 38-12-103 and incorporates best-practice defensive drafting techniques. Customize all bracketed fields before issuance.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Itemization & Accounting)
IV. Representations & Warranties
V. Dispute Procedure
VI. Governing Law & Forum Selection
VII. General Provisions
VIII. Certificate of Service / Mailing
IX. Execution Block
I. DOCUMENT HEADER
Date: [DATE OF LETTER]
To:
[TENANT NAME]
[TENANT FORWARDING ADDRESS]
From:
[LANDLORD/PROPERTY MANAGER LEGAL NAME]
[LANDLORD ADDRESS]
[PHONE] | [EMAIL]
Re: Security Deposit Itemization & Return – Lease dated [LEASE DATE] for [PREMISES ADDRESS]
II. DEFINITIONS
For purposes of this Letter, the following capitalized terms have the meanings set forth below:
- “Lease” means that certain residential lease agreement dated [LEASE DATE] between Landlord and Tenant covering the Premises.
- “Premises” means the real property located at [PREMISES ADDRESS].
- “Security Deposit” means the sum of $[DEPOSIT AMOUNT] previously paid by Tenant to Landlord pursuant to the Lease.
- “Normal Wear and Tear” has the meaning assigned in C.R.S. § 38-12-102(8).
III. OPERATIVE PROVISIONS
3.1 Accounting of Security Deposit
Pursuant to C.R.S. § 38-12-103(1), Landlord hereby provides the following written statement of the exact reasons for retention of portions of the Security Deposit and encloses the balance due, if any, to Tenant.
| # | Description of Charge | Amount ($) | Statutory Category* |
|---|---|---|---|
| 1 | [DEDUCTION DESCRIPTION 1] | [AMOUNT 1] | Damage beyond Normal Wear |
| 2 | [DEDUCTION DESCRIPTION 2] | [AMOUNT 2] | Unpaid Rent |
| 3 | [DEDUCTION DESCRIPTION 3] | [AMOUNT 3] | Cleaning/Restoration |
| Total Deductions | [TOTAL DEDUCTIONS] | ||
| Original Security Deposit | [DEPOSIT AMOUNT] | ||
| Net Balance Refunded to Tenant | [NET REFUND] |
*Recognized statutory categories include: (a) unpaid rent; (b) unpaid utility charges; (c) cleaning; (d) repair of damages beyond Normal Wear and Tear; (e) costs arising from Tenant’s breach.
[// GUIDANCE: Attach copies of invoices, receipts, photographs, and move-out inspection reports to substantiate each deduction.]
3.2 Delivery of Refund
Enclosed please find:
☐ Check No. [CHECK #] in the amount of $[NET REFUND]; or
☐ Notice of balance due from Tenant in the amount of $[ADDITIONAL AMOUNT DUE]. Payment is requested within ten (10) days of Tenant’s receipt of this Letter.
IV. REPRESENTATIONS & WARRANTIES
- Landlord certifies that this Letter is issued within the statutory period required by C.R.S. § 38-12-103(1) (i.e., thirty (30) days after surrender of possession unless the Lease specifies a longer period not to exceed sixty (60) days).
- Landlord further represents that all deductions itemized herein are reasonable, actually incurred, and limited to categories expressly permitted by Colorado law.
V. DISPUTE PROCEDURE
- Tenant may submit a written statement of objection to any deduction within seven (7) business days of receipt of this Letter, together with any supporting documentation.
- Failure to timely dispute shall not constitute a waiver of Tenant’s statutory rights but may delay resolution.
- All communications regarding any dispute shall be directed to the Landlord Contact listed in Section I.
[// GUIDANCE: Although Colorado statute does not obligate Tenant to respond within a specific timeframe, providing a reasonable window encourages prompt resolution and demonstrates Landlord’s good-faith dispute mechanism.]
VI. GOVERNING LAW & FORUM SELECTION
This Letter, and any dispute arising herefrom, shall be governed by the laws of the State of Colorado. The parties agree that any action relating to the Security Deposit shall be brought exclusively in the county housing court having jurisdiction over the Premises, subject to the monetary limits and procedures set forth in C.R.S. § 38-12-103(3)–(4).
[// GUIDANCE: Arbitration is expressly excluded per the Instruction Metadata. No jury waiver is included, preserving constitutional rights.]
VII. GENERAL PROVISIONS
- No Waiver. Nothing herein shall be construed as a waiver of any right or remedy available under the Lease or applicable law.
- Reservation of Rights. Landlord reserves the right to pursue additional amounts that may become known after issuance of this Letter, subject to statutory limitations.
- Entire Statement. This Letter constitutes the complete statement of Landlord’s accounting for the Security Deposit as of the Effective Date.
VIII. CERTIFICATE OF SERVICE / MAILING
I certify under penalty of perjury that on [DATE OF MAILING], I caused a true and correct copy of this Security Deposit Itemization & Accounting Letter, together with any enclosures, to be delivered to Tenant by:
☐ United States First-Class Mail, postage prepaid, addressed to the forwarding address listed above; and/or
☐ Certified Mail, Return Receipt Requested No. [TRACKING #]; and/or
☐ Hand Delivery.
Signature: _________
Name: [NAME OF PERSON MAILING]
IX. EXECUTION BLOCK
LANDLORD / PROPERTY MANAGER
By: [AUTHORIZED SIGNATORY]
Title: [POSITION]
Date: [DATE]
OPTIONAL TENANT ACKNOWLEDGMENT
(The Tenant’s signature acknowledges receipt only and does not signify agreement with any deduction.)
[TENANT NAME]
Date: ____
[// GUIDANCE: Retain a signed or certified-mail copy of this Letter and all supporting documentation for a minimum of three (3) years to defend against potential statutory penalty claims (treble damages plus attorney fees) under C.R.S. § 38-12-103(3).]