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Colorado Landlord-Tenant Law
Renting out a property in the Centennial State? Before you sign that lease with your new tenant, there are a few things you should know first.
As a landlord in Colorado, you are responsible for complying with the state's landlord-tenant laws. This includes laws related to everything from required disclosures in a lease agreement to collecting rent, storing deposits, entering the property, and removing tenants through eviction. The penalties for violating these laws can be severe (e.g., fees, lawsuits, and damage to your reputation), so you don't want to risk breaking them intentionally or accidentally.
The laws that govern both landlords' and tenants' rights and responsibilities in Colorado are found in Colorado's official state statutes. These laws are subject to change, and the summary we provide here is not exhaustive. Therefore, it's critical that you read Colorado's landlord tenant laws in full before enforcing your own rental policies, and seek legal advice with specific questions about laws, especially local laws. We advise property owners to work with legal experts to clarify any confusion about rent payment laws, tenant rights, Colorado small claims court, or other concerns.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
NEW! 2025 Colorado Rental Laws
Colorado's landlord-tenant laws can change regularly with election cycles, as new laws are passed and old ones are amended. Colorado passed several new laws in recent years. The following rental laws are just a few of the most important ones for landlords that have been passed recently:
- Cause For Residential Evictions (HB 24-1098): Under this law (Article 13 added in 2024), Colorado landlords cannot refuse to renew a residential lease or evict a tenant without cause. They must offer lease renewals to tenants by default, unless exceptions apply, or evict the tenant "for cause."
- Warranty of Habitability (SB 24-094): This law, amended in 2024, clarified a number of provisions of Colorado's statutory warranty of habitability. Among these, landlords now have a 72-hour window to start "remedial action" after a tenant notifies them of an uninhabitable condition. For certain dangerous conditions, repairs must be started within 24 hours. The law also designated new requirements for communicating with tenants about repairs, keeping records, providing advanced notice, and maintaining AC and cooling.
- Reasonable Modifications (HB 24-1318): Landlords are now required to pay for reasonable modifications requested by tenants with disabilities (previously, landlords could require the tenant to pay for them).
- Broadband Services: (HB 24-1334): Colorado landlords who rent out multifamily properties cannot prohibit tenants from accessing broadband services (tenants must be able to choose their own internet providers).
Colorado Quick Facts
Required Disclosures Lead-based paint Rent and Fees Application Fees: Permitted Security Deposits Amount Limit: N/A Landlord Entry Notice: N/A | Fair Housing Protections Race Eviction Notices Rent Demand Notice: 10-day pay-or-quit notice
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Rights and Responsibilities of Colorado Landlords and Tenants
Colorado landlords and tenants each have certain rights and responsibilities. While the lease agreement is the primary document landlords and tenants should adhere to when questions arise, lease terms are only enforceable if compliant with both Colorado's landlord-tenant laws and federal laws. Following these rights and responsibilities can not only help you avoid penalties, but also improve your tenant communication, relationships, and retention.
Below is a brief overview of the rights and responsibilities of both landlords and tenants in Colorado.
Colorado landlords have the right to:
- Collect rent according to the rental agreement.
- Collect and hold a security deposit for the lease term. There is no limit on how much the security deposit can be in Colorado, but a reasonable amount is usually around one- to two-month's rent.
- Withhold funds from the deposit if the tenant fails to pay rent, damages the unit beyond normal wear and tear, or has other unpaid fees or utilities.
- Screen all residents that will be living in a rental unit.
- Enter the rental unit from time to time for inspections, showings, repairs, etc.
- Initiate the eviction process to terminate the lease if a tenant fails to pay rent, engages in illegal activity on the premises, or otherwise violates the lease agreement.
- Establish and enforce all others lease agreement terms (e.g., pets, guests, parking, etc.), as long as they are compliant with Colorado landlord-tenant law.
Colorado landlords are responsible for:
- Providing safe, habitable housing. This includes maintaining the property’s structural integrity, plumbing, electricity, HVAC system, fixtures and wiring, water, trash, etc. according to Colorado's Warranty of Habitability. Note that a recent law passed in Colorado updated this warranty substantially, so landlords should be sure to review the new requirements.
- Complying with all health, safety, and building codes. In Colorado, many of these regulations are written and implemented at the local level, so be sure to research your city or locality's laws as well.
- Addressing maintenance and repair requests within a reasonable timeframe. Usually this means within 24-48 hours for emergencies or critical repairs and 30 days for non-critical repairs.
- Adhering to fair housing laws. Landlords must comply with the federal Fair Housing Act (FHA) and Colorado's fair housing laws, especially during tenant screening. Note that Colorado's anti-discrimination laws expand on the FHA.
- Providing reasonable advanced notice before entering the rental unit. While no specific advanced notice period is required in Colorado, 24 hours' notice in non-emergency situations is reasonable before entry.
- Maintaining common areas. Common areas include hallways, laundry rooms, gyms, sidewalks, parking lots, and other shared spaces.
- Paying the property taxes and insurance premiums for the property. These costs are often passed on to tenants through the rent pricing, but landlords are responsible for making the payments and maintaining appropriate coverage.
- Following the proper legal procedures for evictions. "Self-help" evictions of tenants are illegal in every state, including Colorado. Landlords must go through the entire legal Colorado eviction process to remove a tenant.
- Returning the security deposit within 30 days after the lease ends (or up to 60 days, if specified in the lease.
Colorado tenants have the right to:
- Safe, habitable housing. Tenants have a right to housing with working utilities and appliances and that is free from pests, weather damage, and environmental hazards.
- Legal justice in cases of landlord negligence, harassment, or discrimination. Tenants can sue landlords for violating the lease or breaking tenant laws in Colorado.
- Prompt maintenance and repairs. According to a new Colorado law, landlords should address emergencies and critical repairs within 24 hours, and all other uninhabitable conditions within 72 hours.
- Privacy and security in their home. All units should have working locks, and landlords should respect tenants' privacy and avoid unnecessary entry.
- Advanced notice before rent increases, terminations, evictions, or entry. Landlords must send advanced notice before any of these events.
- “Quiet enjoyment” of the property. All tenants are entitled to use the property without intrusion or excessive disturbances from the landlord or neighbors.
- Protection from retaliatory evictions. Tenants cannot be evicted for exercising their legal rights, filing a complaint against the landlord for violations, or reporting unsafe conditions.
- Repair and deduct remedies in some cases. Under the Residential Tenants Health and Safety Act, Colorado tenants can arrange for necessary repairs in certain circumstances when the landlord fails to do so and deduct the cost from rent.
Colorado tenants are responsible for:
- Paying rent on time. Tenants are also responsible for paying late fees, utilities, and pet fees.
- Complying with all lease terms, so long as those terms comply with Colorado state law.
- Keeping the unit in clean and safe condition. This involves maintaining general sanitation, disposing of trash, etc.
- Promptly reporting maintenance problems, especially emergencies.
- Making certain minor repairs, like replacing the batteries in smoke alarms.
- Paying for repairs if the tenant or their guest damages the rental property. Tenant’s are responsible for any damage a guest may cause to the property.
- Providing advanced notice of intention to move out. If a tenant plans on moving out at the end of the lease term, they must give their landlord reasonable advanced notice of this fact.
- Not using the rental unit for an unintended purpose. For instance, if the property is residential, tenants cannot use it to run a business.
Colorado Required Disclosures
Required disclosures refers to information that landlords are legally required to disclose to prospective tenants before entering into a lease agreement. These disclosures often include information about the landlord's policies, potential hazards, and tenants' legal rights.
Colorado law requires several lease disclosures. The following are a few of the most common, often included in the lease agreement (but sometimes additional documentation is required).
- Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the lease agreements for most rental properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
- Landlord/Agent Identification (CRS § 38-12-801(2)). Lease agreements in Colorado must disclose the name and address of the landlord or the agent authorized to act on their behalf. This is usually done within the lease or rental agreement.
- Bed Bugs (CRS § 38-12-1005). The landlord or the person responsible for property management should not advertise or rent a property known to contain bed bugs. If the tenant asks, the landlord must disclose whether a dwelling unit has contained bed bugs within the previous eight months, as well as the last date that the unit was inspected and found to be free of bed bugs.
- Application Fee Expenses (CRS § 38-12-903(3)(a)). Landlords and property managers in Colorado must disclose to tenants an itemization of how the application fee was used. If the fee is based on the average cost of processing applications, the landlord should include an explanation of how that average fee was determined.
- Reason for Denial (CRS § 38-12-904(2)(a)). Upon denying a rental application, the landlord must provide the applicant with a written notice stating the reason for the denial. This may include providing a copy of a report from a screening company.
Additional Reading: Colorado Residential Lease Agreement
Colorado Rent and Fee Laws
Several laws in Colorado govern how landlords can collect rent and enforce fees. Note that while rent control laws are banned in Colorado, landlords must still provide advanced notice before increasing rent.
Rent Payments
- Due Date: Tenants pay rent in Colorado on the date specified per the lease terms.
- Grace Period: There is a 7-day mandatory grace period in Colorado (CRS § 38-12-105(1)(a)). This means landlords must give tenants at least one full week to make up a missed rent payment before initiating the eviction process for nonpayment.
- Rent Increases: Rent control is banned in Colorado (CRS § 38-12-301(1)). However, if there is no written rental agreement for a residential tenancy, the landlord must provide 60 days’ notice to increase the monthly rent (CRS § 38-12-701(2)(a)).
Fees
- Application Fees: Colorado landlords may only charge application fees to cover the actual cost of processing the rental application (e.g., the cost of processing, credit/background checks, etc.). Landlords must also charge all prospective tenants the same application fee and provide a paper or electronic receipt of such. If the landlord does not use the entire application fee, they must return the remainder within 20 days after processing the application (CRS § 38-12-903).
- Late Rent Fees: $50 or 5% of rent due (CRS § 38-12-105(1)(b)).
- NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee up to $20, as long as the fee was described in the rental agreement (CRS § 13-21-109(1)(b)).
Tenant Remedies
- Repair and Deduct: If the landlord fails to maintain habitability, the tenant may arrange for the repair and deduct the cost from the rent. However, the tenant may not withhold rent under this right, and they must follow the appropriate notice requirements, including preparing an estimate of the cost of the repair and allowing the landlord to provide their own estimate after receiving the notice (CRS § 38-12-507(1)(e)).
Colorado Security Deposit Laws
Security deposits are highly regulated in almost every state. State laws dictate how security deposits should be collected, stored, and refunded. Colorado's important security deposits laws are below:
- Deposit Limit: There is no limit on security deposits in Colorado. Note that pet fees or pet rent are separate from the deposit.
- Interest: Landlords in Colorado are not required to pay interest on security deposits. However, many cities uphold this requirement, so check your local laws.
- Return Within: 60 days. If the lease agreement does not specify when the security deposit should be returned, the default is one month (CRS § 38-12-103(1)).
- Deposit Location: There are no security deposit laws in Colorado designating where security deposits should be held.
- Withholding: Colorado landlords may withhold funds from the security deposit for unpaid rent or utility charges, repairs, cleaning, or abandonment of the premises. Landlords must also provide a written statement listing the exact reasons for any deductions from the security deposit. (CRS § 38-12-103(1)).
Colorado Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
All tenants have federal legal protections against unfair housing practices. These protections are guaranteed under the federal Fair Housing Act (Title 24 USC § 3601-3607) , which prohibits unlawful discrimination based on certain characteristics in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
- Accepting or denying tenant applications
- Choosing the methods they will use to screen tenants
- Advertising units
- Writing listings
- Deciding to increase rent
- Allocating rent credits or discounts
- Providing maintenance and service to the property
- Evicting tenants
- etc.
What are the protected classes in Colorado?
Federal law prohibits discrimination in housing based on membership in the following seven protected classes. This means landlords cannot any of these characteristics as justification to make housing decisions like the ones listed above:
- Race
- Color
- Religion
- Gender
- National origin
- Familial status
- Disability
In addition to the above federal requirements, Colorado landlords are required to comply with state fair housing regulations. Colorado's fair housing laws (CRS § 24-34-502(1)(a)(I)) expand on the FHA, adding several more protected classes. These include:
- Sexual orientation
- Gender identity
- Gender expression
- Marital status
- Veteran or military status
- Ancestry
Use of Credit Reports
Colorado landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Additionally, landlords in Colorado must not consider any rental or credit history beyond seven years prior to the rental application date (CRS § 38-12-904(1)(a)).
Use of Criminal Histories
Criminal background checks may be used during tenant screening in Colorado. However, landlords must not consider arrest records or convictions that occurred more than five years prior, except for convictions related to illegal drug distribution/manufacturing or registered sex offender status (CRS § 38-12-904(1)(b)).
In general, Colorado landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Additional Reading: Colorado Background Checks
Colorado Landlord Entry Laws
In general, landlords should respect the privacy of their tenants and only enter the rental property when absolutely necessary for inspections, showings, or repairs. While there are fewer laws regulating landlord entry in Colorado compared to other states, landlords should still be considerate and limit intrusions.
- Advanced Notice: There is no state law in Colorado requiring landlords to give advance notice before entering a property. However, if the landlord is entering to inspect or treat a bed bugs infestation, they must give at least 48 hours’ written or electronic notice (CRS § 38-12-1004).
- Permitted Times: Colorado state law does not designate any time-of-day restrictions for entering.
- Emergency Entry: There is no state statute on emergency entry in Colorado, but it is generally permitted.
Colorado Eviction Notices
Evictions are complex processes often poorly understood by both parties. Colorado tenants have rights during this process. Before pursuing an eviction in Colorado, consider hiring an experienced real estate attorney and be sure to review the Colorado eviction process in more detail. As evictions also tend to be expensive, consider whether the problem could be resolved via an agreement or better landlord-tenant communication before resorting to legal action.
In Colorado, the first step of initiating eviction is to send a formal written notice. This notice is associated with a certain number of days (depending on the nature of the violation) during which the tenant must fix the problem, move out, or face eviction. Below are the notices required for three different types of eviction in Colorado:
- Rent Demand Notice: 10 days to pay or quit (CRS § 13-40-104(1)(d)). This notice applies when a tenant fails to pay rent after the 7-day grace period.
- Notice for Lease Violation: 10 days to cure or quit. This lease violation eviction notice applies when a tenant is responsible for noncompliance with the rental agreement (CRS § 13-40-104(1)(e)).
- Unconditional Notice to Quit: 3 days to quit. According to Colorado laws on eviction, this notice applies when the tenant commits a “substantial violation,” such as endangering another person on the premises, committing a violent or drug-related felony, or breaking a federal or state law on the premises that carries a sentence for incarceration of more than 180 days (CRS § 13-40-107.5).
Additional Reading: Colorado Eviction Process and Laws [2025]
Colorado Squatter's Rights
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Colorado, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Colorado, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
Additional Reading: Colorado Squatter's Rights & Adverse Possession Laws [2025]
Other Laws and Facts About Colorado
- The current average rent rate in Colorado (according to Zillow) is $2,095.
- The average rent rate in Denver in 2025 is $2,041.
- According to the Immigrant Tenant Protection Act, Colorado landlords may not demand or request that applicants provide information about their immigration or citizenship status. Landlords may ask for documentation like a social security or taxpayer identification number in order to confirm financial qualifications. However, the landlord must ask for this information from all applicants (CRS § 38-12-1203).
Conclusion
Colorado's rental laws can be complex, and the specifics are subject to change from year to year as new laws pass. However, the basics of adhering to landlord-tenant regulations remain the same: Provide safe, habitable housing for tenants, be proactive and communicative in lease agreements, and treat all tenants fairly and respectfully.
Failure to follow Colorado's landlord-tenant laws can not only cost you fines and penalties, but it can also damage your reputation as a landlord. Word of mouth travels fast, and if you want to attract tenants for years to come, being as up-front and proactive with legal compliance is the best way. By taking the time to learn about Colorado's legal landscape now, you'll hopefully be better prepared to navigate your tenants' rights and protect your own.
FAQs
How much can a landlord charge for a security deposit in Colorado?
Colorado does not set a limit on security deposits, meaning landlords can charge as much as they see fit. However, they must return the deposit within one month after the tenant moves out, unless the lease specifies a longer period (up to 60 days).
How much notice does a landlord have to give before increasing rent?
Although there is no rent control in Colorado, if a residential tenancy has no written rental agreement, the landlord must provide 60 days’ notice to increase the monthly rent (CRS § 38-12-701(2)(a)).
What are the rules for evictions in Colorado?
Colorado's eviction process is complex, so landlords should seek legal guidance if unfamiliar with this process. In general, landlords in Colorado are required to send a written eviction notice, provide the necessary notice period, and in some cases an opportunity to cure the violation before filing a formal complaint for eviction.
Can a landlord enter a rental property without permission?
Colorado law does not require landlords to give advance notice before entering a rental, but lease agreements often include specific notice requirements. Landlords should provide reasonable notice to avoid disputes and respect tenant privacy.
Are tenants allowed to withhold rent for repairs?
Yes, but only under strict conditions. Tenants must first notify the landlord in writing about serious habitability issues and allow a reasonable time for repairs. If the landlord fails to act, tenants may be able to withhold rent or pay for repairs and deduct the cost.
Free Downloads
- Colorado Residential Lease Agreement Template
- Colorado Quitclaim Deed
- Colorado Notice to Quit
- Colorado Notice and Demand for Compliance and Right of Possession (Cure or quit)
- Colorado Eviction Complaint and Affidavit (Forcible Entry and Detainer)
- Colorado Writ of Restitution
Resources
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In this article
- NEW! 2025 Colorado Rental Laws
- Colorado Quick Facts
- Rights and Responsibilities of Colorado Landlords and Tenants
- Colorado Required Disclosures
- Colorado Rent and Fee Laws
- Colorado Security Deposit Laws
- Colorado Tenant Screening and Fair Housing Protections
- Colorado Landlord Entry Laws
- Colorado Eviction Notices
- Colorado Squatter's Rights
- Other Laws and Facts About Colorado
- Conclusion
- FAQs
- Free Downloads
- Resources
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