BACK
- Landlord
- Tenant
BACK
BACK
Quick Facts
Required Disclosures Lead-based paint Landlord/agent ID Bed bugs Application fee expenses Reason for denial Rent and Fees Application Fees: Permitted Rent Control: Banned Late Fee Limit: $50 or 5% of amount due Grace Period Minimum: 7 days Security Deposits Amount Limit: N/A Interest: N/A Return Within: 60 days Entry Notice: N/A Permitted Times of Entry: N/A | Fair Housing Protections Race Color National origin Religion Sex Familial status Disability Sexual orientation Gender identity Gender expression Marital status Veteran or military status Ancestry Eviction Notices Rent Demand Notice: 10-day pay-or-quit notice Notice for Lease Violation: 10-day cure-or-quit notice Unconditional Notice to Quit: 3-day quit notice |
Colorado Landlord-Tenant Law
It is important to understand the essential Colorado landlord tenant laws before enforcing your own rental policies. Find more information in the Colorado state law code.
Required Disclosures
Lead-based paint
Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most 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
Lease agreements in Colorado must disclose the name and address of the landlord or the agent authorized to act on their behalf.
Bed Bugs
The landlord 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
Landlords 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
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.
Rent and Fees
- Rent Due Date: Rent in Colorado is due on the date specified in the lease agreement.
- 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).
- 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 rent (CRS § 38-12-701(2)(a)).
- Late Fees: $50 or 5% of rent due (CRS § 38-12-105(1)(b)).
- Grace Period: 7 days (CRS § 38-12-105(1)(a)).
- 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)).
- 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 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)).
Security Deposits
- Deposit Limit: There is no limit on security deposits in Colorado.
- Interest: Landlords in Colorado are not required to pay interest on security deposits. However, many cities uphold this requirement.
- 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 is no statute 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)).
Tenant Screening and Fair Housing Protections
Protected Classes
- Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). The Colorado fair housing act adds sexual orientation, gender identity, gender expression, marital status, veteran or military status, and ancestry (CRS § 24-34-502(1)(a)(I)).
Credit Reports
- 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)).
- 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.
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)).
- 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.
Entry
- 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.
Eviction Notices
Evictions are complex processes often poorly understood by both parties. Before pursuing eviction in Colorado, consider hiring an experienced real estate attorney and be sure to review the Colorado eviction process in more detail.
- Rent Demand Notice: 10 days to pay or quit (CRS § 13-40-104(1)(d)).
- 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).
Other Laws and Facts About Colorado
- The median rent rate in Colorado is $2,250.
- The median rent rate in Denver is $2,200.
- 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).
2 thoughts on “Colorado Landlord Tenant Laws”
Comments are closed.
More in Learning Center
Innago Releases Return Security Deposit Online Fea...
Renting your property to a stranger is risky. Even with the best tenant screenin...
September 18, 2023
Keeping Track Of HOA Violations As a property manager or a board member of an HO...
September 20, 2024
What Does My Landlord See on My Rental History Rep...
Breaking Down Your Rental History Report When you’re looking to rent an apartm...
September 20, 2024
I Would Like to Know about the Law on Pet Deposit and Monthly Fee’s
I live in a income based apartment and they raised the rent 100.00 last year and this year they want to raise my rent up by 150.00 how is this legal in income based apartment.? I live at Stepton Hills apartment in Colorado Springs