Colorado Landlord Tenant Laws

SECTION 1

1. Colorado Landlord-Tenant Rights and Responsibilities

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.

Tenant’s Rights and Responsibilities

Rights

• Colorado tenants are entitled to a quiet and disturbance-free existence in their rented space.
• Colorado tenants are allowed to remain in their rented until they are legally evicted by the landlord.  
• Colorado tenants are entitled to a livable rental home that complies with the state's health and safety regulations.
• Colorado tenants are entitled to a tenant screening procedure that is impartial and free from discrimination based on membership in a protected class.
• Tenants in Colorado are free to exercise any of their rights without fear of reprisal or intimidation from the landlord.
• Colorado tenants may end a lease early without incurring penalties in several circumstances, such as when the property becomes uninhabitable.
• Colorado tenants are entitled to receive their security deposit back within the allotted one-month period following their departure.

Responsibilities

• In Colorado, it is the tenant's responsibility to maintain the rental property livable, tidy, and clean.
• In Colorado, tenants are expected to keep their apartments reasonably clean and to remove trash.
• In Colorado, tenants must utilize appliances and facilities in a reasonable manner.
• In Colorado, tenants are expected to notify their landlord of any problems with upkeep or repairs that arise.
• In Colorado, renters are expected to maintain the properties they rent.
• In Colorado, tenants are obligated to restore any harm they inadvertently or intentionally create.
• In Colorado, tenants are expected to be considerate of their neighbors' privacy and quiet.

Landlord’s Rights and Responsibilities

Rights

• Landlords in Colorado are allowed to screen potential tenants. But there must be no discrimination of any kind in the process.
• In Colorado, landlords are permitted access to rented property in order to perform essential tasks like inspecting the unit or showing it to prospective tenants, purchasers, or even lenders.
• If a tenant violates the terms of the lease, Colorado landlords are entitled to terminate the lease agreement.
• Before a renter moves in, Colorado landlords are allowed to demand payment of a security deposit.
• Landlords in Colorado are permitted to require a renter to sign a lease before they move in.
• Colorado landlords are free to impose any rent requirements they see fit.

Responsibilities

• It is mandatory for landlords in Colorado to adhere to the correct eviction protocol when taking a tenant out for a lease violation.
• In Colorado, landlords are expected to follow the conditions of the lease.
• Colorado law mandates that landlords protect the privacy of their tenants.
• In Colorado, after receiving notice from your tenant, landlords must fix up their property within a fair amount of time.
• Colorado landlords must keep their properties quiet and livable at all times.
• In Colorado, landlords must give their tenants their security deposit back, or whatever is left, within a month of their departure.

Required Notices Before Entry

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.

Late Fees for Rent And Grace Periods in Colorado

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.

C.R.S. 38-12-102 (3) (2022)

Source: LANDLORD/TENANT | University of Colorado Denver, New Protections for Colorado Renters | Colorado Coalition for the Homeless

SECTION 2

2. Colorado Rent Increase Laws

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.

Notice Required to Raise Rent in Colorado

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.

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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”.

Limitations on Colorado Rent Increase Laws

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.

Discover the best online rent collection software for landlords →

Source: Rent Increases | Division of Housing

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3. Colorado Rental Agreement Laws

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.

What Are The Main Elements Of A Lease Agreement In Colorado?

The key elements of a Colorado lease agreement include:

• The names and contact details of both parties
• A detailed description of the rental property.
• Lease term and rent amount.
• Security deposit and pet deposit (if applicable).
• Utility and maintenance responsibilities.
• Late payment and eviction policies.

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Free Resources: Colorado Lease Agreement Templates | eForms

Source:Colorado Residential Lease Agreement | City of Fort Collins

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SECTION 4

4. Colorado Tenant Deposit Laws

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.  

Maximum Security Deposit Laws In Colorado

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.

Are Pet Deposits Allowed In Colorado?

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.

Allowable Deductions From Security Deposits In Colorado

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:

• to pay the renter's outstanding utility, cleaning, and repair costs
• to compensate for severe property damage
• to make up for overdue rent
• any other contract violations that result in monetary losses for the Colorado property

How Must Landlords Hold Security Deposits In Colorado?

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.

How Long Do Landlords Have to Return Security Deposits In Colorado?

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.

Do Landlords Need To Provide an Itemized Receipt For Deductions?

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.

Security Deposit Interest

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

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5. Colorado Eviction Laws

Grounds for Eviction in Colorado

Below are some of the situations where landlords can legally evict a tenant in Colorado.

1. Failure to pay rent on time

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))

2. Violation of the lease/rental agreement

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.

3. Conducting illegal activity

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:

• participation in the production, sale, or use of illicit substances
• hitting someone on the rental property or in the area
• conviction for any offense carrying a minimum 180-day sentence
• violence, theft, and assault

CO Rev Stat § 13-40-107.5 (2018)

4. Non-renewal of the lease after the rental period ends

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.

Colorado Eviction Notice

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.

• Rent Demand Notice: 10 days to pay or quit. (CRS § 13-40-104(1)(d)).
• Lease Violation Notice: 10 days to cure or quit. (CRS § 13-40-104(1)(e)).
• Unconditional Notice to Quit: 3 days to quit. (CRS § 13-40-107.5)

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).

Colorado Eviction Process

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.

• The landlord gives between a three- to ten-day notice of eviction, depending on the grounds of eviction.
• The landlord files a court case for eviction.
• Tenant receives summons from the court.
• Tenant submits a response.
• Both the landlord and the renter appear in court and are given a verdict.
• Tenant has forty-eight hours to vacate.
• If the tenant refuses to leave the property, the landlord can seek the help of the sheriff to enforce the eviction

Source: Understanding Evictions | Colorado Judiciary Branch (.gov)

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SECTION 6

6. Colorado Rental Application Laws

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.

Rental Application Fee Limits In Colorado

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

7. Breaking a Lease in Colorado

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.

Notice Requirements to End a Rental Lease in Colorado

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):

• Leases That Last One Week or Less: 1 day of notice.
• Leases That Last from One Week to One Month:  3 days of notice.
• Leases That Last from One to Six Months:  21 days of notice.
• Leases That Last from Six to 12 Months: 28 days of notice.
• Leases That Last 12 Months or More: 91 days of notice.
• For fixed-term leases: Colorado law does not require tenants to give written notice. The lease simply expires on the day specified in the contract.

Source: Tenant’s Rights in Colorado (PDF)

Legally Valid Reasons For Breaking A Lease In Colorado

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:

1. Active Military Duty

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.

2. Uninhabitable Property

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.  

3. Landlord Harassment

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.  

4. Other Reasons

For any of the following reasons, a tenant in Colorado may also be allowed to legitimately break their lease:

• if they have been the victim of domestic abuse
• if, following appropriate warning, the landlord neglects to remedy a gas-related concern within seventy-one hours
• if the lease is broken by the landlord. if the landlord omits to provide crucial information
• if the renter has a medical condition or age-related concern.  

Source: Landlord-Tenant Handbook | City of Boulder (.gov)

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8. HOA Laws in Colorado

Below is an overview of some Colorado HOA laws that often apply to homeowners associations:

The Colorado Common Interest Ownership Act

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

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.

The Colorado Fair Housing Act

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

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).

Colorado Common Interest Ownership Act

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.

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9. Squatters Rights in Colorado

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:

• occupy the land for eighteen years in an open and continuous manner (CRS § 38-41-101)
• possess color of title for a minimum of seven years, pay all property taxes, and occupy the land in an open and continuous manner (CRS § 38-41-108).

In addition, squatters in Colorado must fulfill five general requirements in order to assert their rights as squatters:

• Hostile/Adverse: There must be no active lease or rental arrangement between the squatter and the owner.  
• Actual: The squatter needs to have occupied the land for a specific amount of time.  
• Open and notorious: It is clear to neighbors and other people that the squatter has taken possession of the land. They are not attempting to live there "in secret" or cover their tracks.
• Exclusive: No one else has joint possession of the land with the squatter. They keep others from residing there in the same manner as the owner.  
• Continuous: The squatter must possess the land continuously and undisturbed for seven or eighteen years, depending on Colorado law.

Source:Who Can Claim Property Based on Adverse Possession in Colorado? | Nolo

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SECTION 10

10. Colorado Landlord Tenant Legal Resources

Below, you’ll find some helpful Colorado landlord–tenant law resources:

Documents and Forms

• Colorado Landlord Rental Application Form
• Lease Agreement Template for the State of Colorado
• Colorado Rent Increase Notice
• Colorado Notice of Entry
• Landlord's Eviction Template

Legal Resources

• Laws Regulating Landlords and Tenants | Colorado General Assembly (.gov)
• Colorado Landlord-Tenant Laws Webinar with Attorney Michael Larranaga‍
• ‍Colorado Landlord-Tenant Laws and Rights‍
• Colorado Revised Statutes‍
• Warranty of Habitability

Colorado State agencies & regulatory bodies

• S. Department of Housing and Urban Development – Colorado
• Colorado Division of Insurance
• Colorado Consumers Guide to Insurance
• Colorado Affordable Housing Guide (PDF)
• Colorado Homeowners Assistance Programs
• Colorado Division of Local Affairs – Housing (also known as the Colorado Division of Housing)
• Colorado Division of Real Estate
• Colorado Housing Finance Administration

Colorado Housing Authorities

• Colorado Housing Authorities--H.U.D.
• Housing Choice Voucher Program--Department of Local Affairs
• Boulder Housing Partners
• Denver Housing Authority
• Housing Catalyst (the Fort Collins Housing Authority)

Colorado Realtor, Landlord and tenant associations

• Colorado Association of REALTORS®
• Apartment Association of Metro Denver
• Colorado Apartment Association
• Southern Colorado Residential Renter Association
• Colorado Tenants’ Rights

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.