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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Colorado Laws Title 38 Article 12 highlights all applicable laws and provisions pertaining to the landlord-tenant relationship in Colorado. Tenants and landlords have distinct obligations and privileges when it comes to renting out real estate. State laws establish these rights and obligations to maintain amicable rental arrangements and avoid needless conflicts.
Are landlords in Colorado required to give notice before entering the property?
Colorado law does not specify the amount of notice that landlords must give before accessing a rented property. However, as a measure of good faith, most Colorado landlords offer tenants a 48 hour notice before entry.
In the case of emergency, landlords are always permitted to enter a rental property without prior notice.
(Colo. Rev. Stat. § 38-12-1004 (2024))
Are landlords in Colorado allowed to enter the property to conduct maintenance and repairs?
Landlords have the right to enter rental properties when necessary to make repairs that are required by building, health, fire, or other code inspections. In an emergency, a landlord can enter a rental property without the tenant's permission.
Colorado landlords can only charge a late fee for rent if it’s specified in the lease agreement. Also, landlords are not allowed to levy a late fee until after a grace period of at least seven calendar days. There shouldn't be a late fee if the renter pays within those seven days.
If a landlord does impose late fines, they may not exceed $50 or 5% of the entire amount due, whichever is higher. As long as the sum does not exceed certain limitations, a landlord may also impose late fees more than once every month.
Source: LANDLORD/TENANT | University of Colorado Denver, New Protections for Colorado Renters | Colorado Coalition for the Homeless
SECTION 2
At the moment, Colorado does not have any state-wide rent control laws in place. In addition, the legislation forbids counties and localities from enacting rent control policies.
In other words, it is not permissible to enforce rent control regulations in Colorado. For the duration of the renting agreement, landlords are free to raise the rent as much as they choose, but it's still advised that they stick to fair increases to keep Colorado tenants from leaving.
If you have an oral agreement with the landlord, Colorado Revised Statutes (C.R.S. 38-12-701) require the landlord to provide you with at least 60 days' written notice before increasing the rent. The landlord cannot demand that you move out to circumvent this 60-day notice requirement.
If you have a written lease, the terms specified within it regarding rent increases will govern. Your lease may specify when and how the rent will increase, with the lease itself serving as notice of any impending changes to the rent amount. There is no statute that specifies how much notice must be allowed in the lease agreement under these circumstances but landlords are expected to provide “reasonable notice”.
Landlords are not allowed to raise rent under certain situations. In general, rent increases by landlords are prohibited as acts of discrimination or retaliation.
Under the Federal Fair Housing Act, landlords are prohibited from discriminating against tenants on the grounds of gender, age, ethnicity, religion, familial status, nationality/origin, or handicap. Additionally, a few municipal governments (Boulder and Denver) have also made it illegal to discriminate against people based on their haircut, military status, or wealth
Regarding retaliation, landlords are not permitted to raise rent in response to a tenant's action—such as joining a union or submitting a complaint.
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Source: Rent Increases | Division of Housing
SECTION 3
For both the landlord and the tenant, having a Colorado lease agreement is essential since it spells out their individual rights and obligations. It acts as a legally binding agreement and helps to avoid any misunderstandings or conflicts that might occur during the tenancy.
Are Oral Lease Agreements Legal In Colorado?
Oral leases lasting one year or less are legally binding and enforceable. Once a tenant moves in or payment is exchanged and accepted, oral agreements are treated as if they were written leases.
While oral leases can be more challenging to prove, they are still recognized and upheld in court. However, leases exceeding one calendar year must be documented in writing to be enforceable by the court.
It is always advisable to have a written lease to avoid potential legal disputes.
The key elements of a Colorado lease agreement include:
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Free Resources: Colorado Lease Agreement Templates | eForms
Source:Colorado Residential Lease Agreement | City of Fort Collins
SECTION 4
Colorado's statewide landlord-tenant legislation provides protection for both landlords and tenants. The security deposit laws in Colorado are a part of this statute.
While most states have a cap on the amount of security deposit that a landlord may request from a tenant, the state of Colorado doesn't have a rent control law.
Colorado landlords can charge as much as they want as long as the amount is deemed fair. Generally, a deposit of 1 - 2 months rent is deemed reasonable. If you choose to charge more, you may have to justify the deposit amount.
Landlords in Colorado are allowed to request an additional pet deposit. However, persons with disabilities who use guide dogs or other service animals are exempted from these fees.
Additionally, the tenant is responsible for covering any costs incurred as a result of the pet’s destruction of the property.
A landlord may be able to retain all or part of the renter's security deposit under Colorado's security deposit rules for the following reasons:
In Colorado, there is no legal requirement on how landlords must keep a tenant's deposit. Colorado landlords are not required by law to hold their security deposit in an interest-bearing account or to keep it in a specific kind of financial institution.
Landlords have 30-60 days to return the deposit in Colorado.
Colorado landlord-tenant regulations mandate that landlords must return the security deposit to the renter within 1 month of the tenant's vacating the property. However, there are provisions that allow landlords to extend this period by an extra thirty days if they need more time.
Yes. In case of any deductions, the landlord is required to make an itemized list of the deductions and give it to the renter. This list should also include an explanation for each of those deductions. Also, it should also include an itemized statement and the percentage of the security deposit left for the tenant.
The security deposit and an itemized statement should then be sent to the tenant's last-known address. Landlords might get penalized if the statement is not included with the portion of the security deposit that you are returning.
Landlords in Colorado are not required by law to pay interest on security deposits.
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Sources: SB23-184|Protections For Residential Tenants, Security Deposit Return Laws
SECTION 5
Below are some of the situations where landlords can legally evict a tenant in Colorado.
Unless there's a grace period specified in the lease or rental agreement, a rent would be considered late when it's one day past the due date.
However, before a landlord can start an eviction process, they are required to give tenants a formal written Notice to Pay or Demand for Compliance. The amount of notice required depends on the tenancy type.
If the renter pays within the allotted notice period, the landlord cannot proceed with the eviction. On the other hand, the landlord may start the eviction process if the renter is not able to pay within the notice period.
(C.R.S. §§ 13-40-104(d) and (e))
In the case of lease agreement violation, landlords are required to give tenants a written notice to comply. Depending on the terms of their lease, tenants may have a set amount of time to either fix the problem or vacate the property.
The tenants ability to resolve the issues during the notice period will determine whether the landlord can proceed with the eviction or not.
Colorado landlords have the right to evict a renter if they have participated in unlawful behavior on the property. However, they are required to give tenants a 3-day notice to vacate before enforcing an eviction.
Here are some of the things that can be classified as illegal actions:
CO Rev Stat § 13-40-107.5 (2018)
Without a valid reason, landlords in Colorado are not allowed to evict renters or make them leave the property. The tenant may remain till the conclusion of their renting term provided they don't break any restrictions.
However, landlords may issue a Notice to Quit if the tenant continues to occupy the property even one day after their lease or rental agreement expires and they have not made arrangements for a renewal.
Unless otherwise specified in the lease or rental agreement, landlords are not required to remind their tenants to renew. The length of a tenant's lease or rental agreement determines how long they have before leaving the property.
In Colorado, landlords are required to give tenants adequate eviction notices to remedy any of the aforementioned grounds for eviction. Below is a breakdown of the required notice for evictions in Colorado.
In accordance with Colorado's eviction laws, a copy of any notice to vacate must be served to the tenant, another renter, a member of the tenant's family who is at least fifteen years old, or, in the event that no one is available, by posting the notice in a prominent location on the property (CRS § 13-40-108).
The Colorado eviction process is straightforward and similar to other states’ in the U.S. Below is a breakdown of what the procedure looks like.
Source: Understanding Evictions | Colorado Judiciary Branch (.gov)
SECTION 6
Any landlord-tenant relationship in the Centennial State has to start with the Colorado rental application. This form is an essential tool that helps landlords choose the best tenant by gathering financial and personal data.
But it involves more than just completing paperwork. Residential tenants have more safeguards according to House Bill 19-1106, also known as the Rental Application Fairness Act, and SB23-184. They make sure landlords follow the regulations pertaining to fair housing.
Landlords are not allowed to make money off the rental application fee; instead, they are only allowed to collect fees that compensate the real expenses of application processing, which usually run between $30 and $40. The state does not have a specific cap on these fees.
A crucial step in the rental application process is screening possible tenants. But in Colorado, there are particular laws and guidelines that control this procedure. Only the previous seven years' worth of a potential tenant's rental or credit history may be taken into account by landlords.
Furthermore, with the exception of a few significant charges, they are unable to consider criminal histories older than five years.
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Source: Rental Application Fees | Colorado General Assembly
SECTION 7
According to Colorado law, tenants must pay any outstanding rent and inform landlords in order to end a lease. Breaking a lease agreement early or illegally can lead to legal repercussions for a tenant.
Colorado tenants are required by state landlord-tenant laws to give specific notice based on the type of lease they currently have (as long as it's a periodic lease agreement):
Source: Tenant’s Rights in Colorado (PDF)
There are provisions for tenants to request an early termination of their lease, under certain circumstances in Colorado.
Here are some of the reasons tenants may lawfully break their lease without incurring penalties:
The federal Servicemembers Civil Relief Act (SCRA) gives members the right to terminate their lease in the event of a deployment or permanent change of station. However, they would be required by the SCRA to do many tasks before leaving.
First, the renter needs to show the landlord documentation proving they reported for active duty following the lease signing. Next, the tenant needs to demonstrate that they plan to remain on active duty for longer than ninety days.
Finally, a copy of the deployment orders and a notice must be given to the landlord by the renter.
Tenant's agreement will automatically terminate 30 days after the start of the following rent cycle once they have completed these tasks.
If local and state housing codes are followed and the property is judged uninhabitable, tenants may terminate the lease. The court may determine that the renter has been “constructively evicted” and they will no longer be liable for rent if the landlord fails to offer livable housing.
Colorado law mandates that landlords treat tenants properly and with respect, as failure to do so would be considered constructive eviction. This legislation allows tenants to terminate their leases if their rights are consistently violated by the landlord.
For any of the following reasons, a tenant in Colorado may also be allowed to legitimately break their lease:
Source: Landlord-Tenant Handbook | City of Boulder (.gov)
SECTION 8
Below is an overview of some Colorado HOA laws that often apply to homeowners associations:
All Homeowners Associations (HOAs) in Colorado are governed and have to abide by the guidelines found in the Colorado Common Interest Ownership Act (CCIOA). This act outlines all the legal rights homeowners have in Colorado, as well as the association’s right.
Additionally, it also describes the responsibilities set forth by the executive board of directors of an association.
The Colorado Nonprofit Corporation Act governs the operation and organizational structure of nonprofit organizations in Colorado. Any HOA that has been incorporated as a nonprofit organization is subject to the laws in this statute.
You can visit the website of the Colorado Secretary of State to find out an association's corporate status.
This act aims to project tenants in Colorado from housing discrimination by any homeowner association member. The Colorado Fair Housing Act makes it illegal for landlords to discriminate against renters based on their race, color, religion, disability, marital status, national origin, sexual orientation, or any other protected categories.
The Colorado Fair Debt Practices Act was established to protect homeowners from unjust treatment by debt collectors.
This act makes it illegal for debt collectors to act in a way that can be interpreted as unfair, harsh, or dishonest.
Like most states in the U.S., Colorado has its debt collection laws that might be different from federal law. However, the state of Colorado regulated debt collection processes and included provisions similar to the laws found in the federal Fair Debt Collection Practices Act (FDCPA).
The Colorado Common Interest Ownership Act regulates the creation, management, power, and operation of all Colorado HOAs, regardless of the date of formation. However, several clauses are only applicable to communities established after July 1, 1992.
Sources: The Colorado Common Interest Ownership Act, The Colorado Nonprofit Corporation Act, The Colorado Fair Housing Act, The Colorado Fair Debt Practices Act, Colorado Common Interest Ownership Act.
SECTION 9
According to Colorado squatters rights law, a squatter seeking to gain adverse possession of a property in Colorado must satisfy one of the following conditions:
In addition, squatters in Colorado must fulfill five general requirements in order to assert their rights as squatters:
Source:Who Can Claim Property Based on Adverse Possession in Colorado? | Nolo
SECTION 10
Below, you’ll find some helpful Colorado landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
