Boulder, Colorado: security deposit interest

Verified August 28, 2026 Colorado deposit interest →

Boulder requires a landlord to pay interest on a residential security deposit at a rate the city sets each December, and the rate in force when the lease is signed governs that lease.

Cited to Boulder Rev. Code title 12, ch. 2 (landlord-tenant relations): §§ 12-2-2, 12-2-4 through 12-2-7 and 2 more sources · Verified August 28, 2026

The figure for leases entered during 2026 is 2.08%, determined by the city manager by averaging the rates paid on one-year certificates of deposit at three banks doing business in the city (§ 12-2-7(a)). The deposit and its interest remain the sole property of the tenant, and accrued interest must be returned within one month after the lease ends or the premises are surrendered and accepted, whichever happens last (§§ 12-2-5, 12-2-6(a)). Every refundable deposit counts, pet deposits included; interest is not due on last month's rent. Colorado state law requires no deposit interest at all, so this duty is purely local, and it cannot be waived (§ 12-2-8). A landlord who willfully and wrongfully keeps the interest owes the tenant $100 or three times the amount kept, whichever is greater, plus reasonable attorneys' fees and court costs (§ 12-2-6(c)).

Boulder deposit interest at a glance

Interest owed under local law Yes — required by local law
How the rate is set A figure announced on a published cycle
Current figure 2.08% for leases entered during calendar year 2026, determined by the city manager and published by the city in December 2025.

The rate

The city manager fixes one rate a year by averaging the interest rates being paid on one-year certificates of deposit by three banks doing business within the city that the manager regards as significant participants in the local banking industry. The average is taken as of December 15 (or the first business day after, where that falls on a weekend or holiday), rounded to no more than two places after the decimal point, and published in a newspaper of general circulation or posted on a city website; the manager's determination is final. The figure becomes the rate on any security deposit provided to a landlord during the calendar year starting the following January 1 (§ 12-2-7(a)). Deposits under leases entered before March 19, 2004 carry a rate the code sets itself: five and one-half percent per annum simple interest on the full amount of the deposit (§ 12-2-7(d)). Interest is simple by definition — the code defines it as simple interest on the full amount of the deposit on deposit (§ 12-2-2) — and interest for a multi-year tenancy is calculated separately for each year of the tenancy (§ 12-2-7(c)).

Accrual and payment

The city's published formula, which § 12-2-7(c) requires the manager to provide, multiplies the entire deposit by that year's rate, divides by twelve to get a monthly amount, and multiplies that by the number of months the deposit was in the landlord's possession — counting the 30 or 60 days the landlord holds it after the lease ends while the reconciliation is done, at the final rate. Accrued interest must be returned within one month after the lease terminates or the premises are surrendered and accepted, whichever happens last, following state law on returning the deposit, noticing deductions and the legality of those deductions; any further accrued interest goes back at the same time as the deposit itself (§ 12-2-6(a)). The lease must also tell the tenant that interest is payable on the deposit (§ 12-2-4(a)(1)(F)).

Who and what is covered

The duty covers any advance or deposit of money, whatever it is called, whose primary function is to secure performance of a residential rental agreement (§ 12-2-2). The city states the practical consequence plainly: every refundable deposit belongs in the calculation, pet deposits included, and interest is not due on last month's rent held by the landlord. Deposits paid to a mobile home park for the lease of a mobile home space are outside §§ 12-2-5 and 12-2-6 altogether (§ 12-2-6(f)). Nothing here can be contracted away — a lease provision waiving any part of the chapter is against public policy and void (§ 12-2-8).

Custody of the deposit

The security deposit is and remains the sole property of the tenant who advanced it, and the deposit plus interest may not be kept after the tenancy ends except for actual cause under state law (§ 12-2-5). The same section is express that it does not create a fiduciary relationship between the parties: what it creates is a duty to account for interest when the tenancy ends. Boulder requires no escrow, trust account, separate account or interest-bearing account — the landlord owes the published rate whatever the money was doing in the meantime.

Penalty for violation

Failing to give the notice state law requires for keeping any part of the interest forfeits the right to withhold any of it (§ 12-2-6(b)). Willful and wrongful retention of deposit interest makes the person holding the deposit liable to the tenant for $100 or treble the amount retained, whichever is greater, together with reasonable attorneys' fees and court costs — because $100 is a floor, it is what controls on small amounts of interest — and the tenant must give at least seven days' notice of an intention to file before suing (§ 12-2-6(c)). In court the person holding the deposit carries the burden of proving that the retention was lawful (§ 12-2-6(d)), and a tenant may bring the state security deposit claim and the local claim in the same lawsuit (§ 12-2-6(e)).

How this interacts with state law

Colorado's security deposit law requires no interest on residential deposits at all, so the Boulder duty is purely local and adds a right state law does not give. The local chapter still leans on state law for the mechanics of returning a deposit and noticing deductions, and § 12-2-6(e) expressly allows a tenant to bring a claim under the state security deposit act and a claim under this chapter in the same lawsuit.

Mobile home parks

Section 12-2-6(f) carves mobile home parks out: neither the ownership and interest section (§ 12-2-5) nor the return and enforcement section (§ 12-2-6) applies to a security deposit paid to a mobile home park on account of the lease of a mobile home space. Colorado's mobile home park law is the separate track for those tenancies.

Published rate tables

Boulder security deposit interest rates, 1985 to 2026

The city's published list of prior-year rates, kept and provided by the city manager under § 12-2-7(c). Each figure is an annual simple rate, and the city publishes it alongside a decimal multiplier used in its own formula (2.08% appears as .0208). The rate in force when a lease is signed governs that lease period until termination or renewal, so a deposit taken in one year keeps that year's rate for the whole lease, while a month-to-month tenancy renews each month and moves to the new figure every January 1. The first two windows are date bands rather than calendar years.

PeriodRateNote
before December 5, 1985No duty yet in forceNo interest was required on Boulder security deposits before December 5, 1985, and the city's table records no rate for that period — this is the start of the duty, not an unpublished figure.
December 5, 1985 – March 18, 20045.5%Set by the code itself, not by the manager: § 12-2-7(d) fixes five and one-half percent per annum simple interest for leases entered before March 19, 2004.
March 19, 2004 – December 31, 20041.08%The first manager-determined rate, made within ten days of March 19, 2004 under § 12-2-7(b).
calendar year 20051.85%
calendar year 20063.01%
calendar year 20073.89%
calendar year 20083.69%
calendar year 20091.88%
calendar year 20100.43%
calendar year 20110.35%
calendar year 20120.3%
calendar year 20130.25%
calendar year 20140.17%
calendar year 20150.16%
calendar year 20160.16%
calendar year 20170.16%
calendar year 20180.16%
calendar year 20190.75%
calendar year 20200.39%
calendar year 20210.07%
calendar year 20220.06%
calendar year 20232%
calendar year 20242.33%
calendar year 20252.92%
calendar year 20262.08%The rate now in force, announced by the city on December 16, 2025 from the manager's determination as of December 15, 2025.

A current series — the city, from the city manager's determination as of December 15 each year, published in mid-December for the calendar year beginning January 1. Source: official source · verified August 28, 2026.

Work out a figure: the deposit interest calculator computes Boulder interest from this table using the locality's own published method.

Notes and caveats

Cite this page: "Landlord Atlas, Boulder, Colorado: security deposit interest (verified August 28, 2026), landlordatlas.com/laws/deposit-interest/colorado/boulder/" — free to cite and quote with a link (how these records are verified).

Citations

How this record was verified: Direct read of Boulder Revised Code title 12 (Human Rights), chapter 2 (Landlord-Tenant Relations, Eviction Prevention and Rental Assistance Services) in the current supplement published by the city's official code publisher, containing all ordinances effective July 30, 2026: all nine sections of the chapter enumerated, §§ 12-2-2, 12-2-4, 12-2-5, 12-2-6, 12-2-7 and 12-2-8 read in full, and every occurrence of the word 'interest' in the chapter examined in context. The city's published interest calculation formula page — the list of prior-year rates and the standard formula that § 12-2-7(c) requires the city manager to provide — read for the complete rate and multiplier table from before December 5, 1985 through 2026 and for the inclusion and exclusion rules; and the city's rate announcements for 2024, 2025 and 2026 read for the setting method, the authority cited and the publication cycle.

This page records local law on deposit interest. The statewide position — Colorado requires no interest on a residential security deposit, and the legislature's recent work on the subject makes that a current answer rather than a stale one. — lives on the Colorado deposit-interest page with its own citations and verification date.