Part 1 shall be liberally construed to implement the general assembly's intent to ensure the proper administration of security deposits and late fees and to protect the interests of both landlords and tenants.
Key definitions: 'Security deposit' means any advance or deposit of money, regardless of denomination, whose primary function is to secure performance of a rental agreement for a residential premises. 'Normal wear and tear' means deterioration, damage, or uncleanliness that occurs based upon the use for which a rental unit is intended or reasonably and typically used, without negligence, carelessness, accident, or abuse by the tenant or members of the tenant's household or their invitees or guests; does not include uncleanliness that renders a dwelling unit substantially less clean than it was at commencement of the lease. 'Late fee' means a monetary sum charged as a result of the tenant's failure to timely pay rent as determined pursuant to a rental agreement.
On and after August 7, 2023, a landlord shall not require a security deposit exceeding two months' rent under the rental agreement. This applies to conduct occurring on or after August 7, 2023.
A landlord shall return the full security deposit within 30 days after termination of the lease or surrender and acceptance of the premises (whichever occurs last), unless the lease specifies a longer period not exceeding 60 days. No security deposit shall be retained to cover normal wear and tear or any damage or defective condition that preexisted the tenancy. If retaining any portion, the landlord must provide a written statement listing the exact reasons for retention accompanied by payment of the remainder. Permissible deductions include: nonpayment of rent; abandonment; nonpayment of utility charges; nonpayment of other lawful charges listed in the lease; and necessary repair work for damage or defective conditions exceeding normal wear and tear that did not preexist the tenancy. Failure to provide a written statement within the required time works a forfeiture of all rights to withhold any portion. Willful retention in violation of this section renders the landlord liable for treble damages plus reasonable attorney fees and court costs; tenant must give 7 days written notice of intent to file before filing suit. The landlord bears the burden of proving that withholding was not wrongful. Upon sale or change of ownership, the security deposit must be transferred to the successor or returned to the tenant. A tenant cannot waive security deposit return rights; any lease provision purporting to do so is void. Either party may request a joint walkthrough inspection before the end of the lease term after the tenant has removed furniture; walkthrough may be in person or via telecommunication-assisted interactive walkthrough. If a tenant requests supporting documentation for withholdings (photos, invoices, inspection reports), the landlord must provide it within 14 days of request.
When gas service personnel identify a hazardous gas appliance condition, they must notify the customer in writing. The tenant must immediately inform the landlord in writing. The landlord then has 72 hours (excluding Saturday, Sunday, and legal holidays) to have the condition repaired by a licensed professional. If the landlord fails to repair within 72 hours and the condition remains hazardous, the tenant may vacate and void the lease. Upon vacation, the landlord has 72 hours to return the security deposit plus any rent rebate. Wrongful retention of the deposit under this section entitles the tenant to twice the security deposit plus reasonable attorney fees.
A late fee may not be charged unless rent is at least 10 calendar days late. Maximum late fee: the greater of $50 or 5% of the past-due rent payment. Late fee must be disclosed in the rental agreement to be chargeable. A landlord may not evict a tenant solely for failure to pay a late fee. A landlord may not impose interest on a late fee. A landlord may not recoup a late fee from a rent payment. Late fees must be classified separately from rent. A landlord who violates this section shall pay a $50 penalty per violation, with 7 days to cure after written notice; if uncured, additional civil penalties of $150–$1,000 per violation plus attorney fees may be awarded. A tenant may raise a late fee violation as an affirmative defense in an FED proceeding.
A landlord shall not demand or receive an additional security deposit for a pet animal exceeding $300, and any such deposit must be refundable. A landlord shall not demand or receive additional rent for a pet animal exceeding $35 per month or 1.5% of the monthly rent, whichever is greater. 'Pet animal' has the meaning set forth in C.R.S. § 35-80-102(10). These limits apply to conduct occurring on or after January 1, 2024.
Defines key terms for mobile home and manufactured home park regulation including 'mobile home,' 'mobile home park,' 'mobile home space,' 'resident,' and 'landlord' for purposes of Parts 2 and 2.1.
The general assembly finds that the imposition of rent control on private residential housing units is a matter of statewide concern. No county or municipality may enact any ordinance or resolution that would control rent on either private residential property or a private residential housing unit. Exceptions: (1) voluntary agreements between a county or municipality and a permit applicant or property owner to limit rent as part of affordable housing initiatives; (2) deed restrictions placed pursuant to such voluntary agreements. A county or municipality may not deny a development permit because an applicant declines to enter into a rent-limitation agreement.
Defines terms used in Part 4 including 'applicant,' 'domestic violence,' 'landlord,' 'residential premises,' 'tenant,' and 'victim' for purposes of the victim protection statutes.
A landlord shall not include a lease provision authorizing termination or penalty for calls for peace officer assistance or emergency assistance in response to domestic violence, domestic abuse, unlawful sexual behavior, or stalking. A residential tenant may not waive the right to call for police or other emergency assistance. A tenant who is a victim may terminate the lease and vacate without further obligation by providing written notice and supporting evidence. Evidence required: police report within prior 60 days, valid protection order, or written statement from a medical professional or application assistant. Upon early termination by a victim, the tenant is responsible for one month's rent (due within 90 days of vacating) only if the landlord has documented damages of at least one month's rent. The landlord must not disclose the tenant's victim status or new address without the victim's consent. A landlord may not evict a tenant solely because they are a victim of these crimes. Under HB 25-1249 (effective Jan 1, 2026), if a tenant terminates because they are a victim of sexual or domestic violence, they are not liable for damages caused by the perpetrator during an incident; security deposit retention in these circumstances must comply with specific statutory requirements.
Defines key terms for the warranty of habitability including 'dwelling unit,' 'landlord,' 'residential premises,' 'tenant,' and 'uninhabitable condition' for purposes of Part 5. Courts are directed to broadly interpret Part 5 in favor of tenants.
The warranty of habitability applies to all residential premises and rental agreements in Colorado. The warranty cannot be waived by a tenant, and any rental agreement provision purporting to waive it is void and unenforceable. Landlords must maintain residential premises as fit for human habitation from the inception of the tenancy through the entire period the tenant lawfully occupies the premises.
The landlord warrants that residential premises are fit for human habitation at inception of the tenancy and will remain so throughout the tenancy. Emergency conditions (those that materially interfere with the tenant's life, health, or safety) require the landlord to commence remedial action within 24 hours of notice and complete repairs within 7 calendar days (presumptive). Standard uninhabitable conditions require commencement within 72 hours and completion within 14 calendar days (presumptive). The landlord must continue repairs until the condition is completely remedied. If an emergency condition exists, the landlord must provide a comparable dwelling unit or hotel room at the landlord's expense within 24 hours of the tenant's request. If displacement exceeds 48 hours, the comparable unit must include a full kitchen or the landlord pays per diem meal expenses. Comparable units must be within 5 or 10 miles depending on circumstances. After 60 days of displacement, the tenant may terminate the lease. The tenant must continue to pay rent during remediation. Failure to provide radon disclosures as required by statute is per se a breach of the warranty of habitability. Before signing a lease, landlords must provide radon disclosure language, test results, mitigation system descriptions, and a state-issued informational brochure. Lease disclosure requirements informing tenants of habitability rights apply to leases formed on or after January 1, 2025.
A tenant has a duty to maintain the residential premises in a clean, safe, and habitable condition. The landlord is not responsible for any uninhabitable conditions that are the result of the tenant's action, inaction, or negligence. A tenant's failure to maintain the premises may constitute a defense for the landlord against a habitability claim if the tenant's conduct caused or substantially contributed to the uninhabitable condition.
There are two types of uninhabitable conditions: emergency conditions that materially interfere with the tenant's life, health, or safety, and standard uninhabitable conditions that do not. Standard uninhabitable conditions include but are not limited to: mold that materially interferes with health or safety; substantial lack of functioning appliances; plumbing or gas facilities not maintained in good working order; electrical lighting and equipment not maintained in good working order; and general violations of applicable building, housing, and health codes. Emergency conditions (rebuttable presumption of material interference with life, health, or safety) include but are not limited to: hazardous gas appliance conditions; inadequate running water or hot water; lack of electricity or hazardous electrical conditions; lack of working locks or security devices on exterior doors and windows; infestation of rodents, vermin, pests, or insects; lack of heat between October and April; and broken elevator that prevents a tenant with a disability from accessing their unit.
A tenant must notify the landlord of habitability issues in writing unless the lease permits verbal notice. A landlord is deemed to have notice if there is any writing providing a basis for the landlord to substantially know that a condition exists or may exist, including written notice from a third party, written correspondence with maintenance staff, or written observations by the landlord. A landlord may waive the written notice requirement in the lease or property rules by permitting verbal notice such as directing tenants to call a maintenance hotline for emergencies.
If the landlord fails to commence or complete repairs within the required timeframes, the tenant may: (1) terminate the rental agreement with 10 to 60 days written notice of intent to terminate and vacate; (2) deduct repair costs from rent after providing at least 10 days written notice (or 48 hours for emergency conditions), using a licensed or otherwise qualified professional, and allowing the landlord the opportunity to repair within the notice period; (3) bring a civil action for actual damages, punitive damages, court costs, and reasonable attorney fees; (4) seek injunctive relief, a temporary restraining order, or an order for specific performance. A tenant may also terminate if an uninhabitable condition recurs within six months after it was originally remedied, with 10 days written notice. Tenant must continue to pay rent unless proceeding under a termination remedy.
A landlord may defend against a tenant's breach of the warranty of habitability by demonstrating that the tenant's actions or inactions prevented the landlord from remedying or repairing the uninhabitable condition. To use this defense, the landlord must show that the tenant denied entry to the dwelling unit, refused to provide a reasonable alternative time for entry, or engaged in any action or inaction that reasonably delayed or prevented the landlord from commencing or completing the repair.
A landlord is prohibited from retaliating against a tenant who raises a warranty of habitability issue with the landlord, a third party, or a governmental agency. A landlord is also prohibited from retaliating against a tenant who organizes or becomes a member of a tenants' organization or exercises any other rights or remedies granted under the warranty of habitability. Prohibited retaliatory acts include: increasing rent; decreasing services; terminating or not renewing a rental agreement without written consent of the tenant; bringing or threatening to bring an action for possession or eviction; charging any fee, cost, or penalty; or taking action that intimidates, threatens, discriminates against, or harasses the tenant. If a landlord retaliates, the tenant is entitled to actual damages, any reasonable attorney fees and costs, and may also terminate the rental agreement. The prohibition does not preclude a landlord from serving a notice to terminate tenancy to the extent allowable under Colorado law; however, the tenant may assert retaliation as a defense.
The Attorney General may seek civil penalties of up to $20,000 per violation of the warranty of habitability statutes. The Attorney General may also seek injunctive relief and other equitable remedies on behalf of tenants.
Landlords must retain all habitability correspondence and documentation for three years after termination of the lease. This includes all written notices, repair records, and communications related to any habitability issue raised during the tenancy.
The following lease provisions are void and unenforceable as against public policy: waiver of the tenant's right to call for police or other emergency assistance; waiver of any statutory or common law tenant protection; provisions that purport to limit the landlord's liability for negligent acts; confession of judgment clauses; provisions requiring the tenant to indemnify the landlord for the landlord's own negligence; provisions that penalize the tenant for exercising any legal right; automatic or standard cleaning fee clauses (added by HB 25-1249, effective Jan 1, 2026); and any provision purporting to waive just-cause eviction protections under Part 13.
Before a tenant signs a lease, the landlord must provide required radon disclosures including specific radon disclosure language, information about radon levels in the unit, any test results, a description of any mitigation system, and a brochure from the Department of Public Health and Environment. Failure to provide required radon disclosures is per se a breach of the warranty of habitability under C.R.S. § 38-12-503. If radon levels exceed statutory thresholds and the landlord fails to remediate within 180 days after disclosure, the tenant may terminate the lease and vacate.
Defines key terms for Part 9 including 'application fee,' 'landlord,' 'residential premises,' 'screening,' and 'tenant' for purposes of the rental application statutes.
Rental application fees may not exceed the actual cost of screening the applicant. The landlord must disclose the screening criteria used to evaluate applicants. If a landlord does not use the application fee for screening purposes, the fee must be refunded to the applicant.
Landlords may consider an applicant's criminal history in screening but may not use a blanket ban on applicants with any criminal history. Screening must be individualized and consider factors such as the nature and severity of the offense, time elapsed since the offense, evidence of rehabilitation, and the relevance of the offense to the tenancy.
Defines 'bed bugs' as any insect in the genus cimex and its eggs, and 'infestation' as the presence of bed bugs sufficient to materially affect the health and safety of tenants and their guests, for purposes of Part 10.
📄 View Official Source ↗
Effective: https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-38.pdf#page=1
Tenant duties: tenant must promptly notify the landlord in writing or electronically when the tenant knows or reasonably suspects that the dwelling unit contains bed bugs; tenant must not knowingly bring infested items into the unit; tenant must comply with reasonable inspection and treatment requirements. Landlord duties: within 96 hours of receiving notice, the landlord must obtain an inspection by a qualified inspector including bed bug detection canine teams; if bed bugs are confirmed, the landlord must inspect all contiguous dwelling units; within 2 business days after the inspection the landlord must provide written notice to the tenant of the results; within 5 business days after a positive determination the landlord must commence treatment by retaining a pest control agent; the landlord is responsible for all costs of inspection and treatment except costs caused by the tenant's failure to prepare; a landlord shall not offer for rent a unit the landlord knows or reasonably suspects to contain bed bugs; upon request, the landlord must disclose whether the unit had bed bugs within the previous 8 months and the last date it was inspected and found free of bed bugs.
Tenants must comply with reasonable inspection and treatment requirements for bed bugs. A tenant who knowingly and unreasonably fails to cooperate is liable for the cost of any bed bug treatments of the dwelling unit and contiguous units if the need for treatment arises from the tenant's noncompliance. The landlord must provide at least 48 hours written or electronic notice before entering for bed bug inspection or treatment; this notice requirement may be waived by the tenant.
📄 View Official Source ↗
Effective: https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-38.pdf#page=1
Defines key terms for Part 12 including 'landlord,' 'residential premises,' 'tenant,' and 'immigration or citizenship status' for purposes of the Immigrant Tenant Protection Act.
On and after January 1, 2021, a landlord shall not: demand, request, or collect information regarding a tenant's immigration or citizenship status (with limited exceptions for employment verification); disclose or threaten to disclose immigration or citizenship status information to any person, entity, or immigration or law enforcement agency; harass, intimidate, or retaliate against a tenant for exercising rights under this part; interfere with a tenant's rights, including influencing a tenant to surrender possession based on immigration status; refuse to enter into a rental agreement or approve a subtenancy based on immigration or citizenship status; or bring an action to recover possession based solely or in part on immigration or citizenship status.
A tenant whose rights under the Immigrant Tenant Protection Act have been violated may bring a civil action for: (1) compensatory damages; (2) a civil penalty up to $2,000 per violation; (3) reasonable attorney fees and costs; and (4) other equitable relief. A tenant's immigration or citizenship status is not relevant to any issue of liability or remedy in housing rights litigation. Any waiver of rights under Part 12 is void as a matter of public policy.
📄 View Official Source ↗
Effective: 000 per violation and attorney fees for violations of the Immigrant Tenant Protection Act.
Defines key terms for Part 13 including 'cause,' 'dwelling unit,' 'landlord,' 'no-fault eviction,' 'residential premises,' 'tenant,' and 'for-cause eviction' for purposes of Colorado's just cause eviction statute.
A landlord of a residential premises shall not terminate a tenancy, refuse to renew a lease, or proceed with an eviction unless there is cause for the eviction. The statute is to be broadly construed to achieve its purposes of preventing arbitrary displacement and promoting public health and safety. Just cause protections apply to tenancies of 12 months or longer. Exceptions include: short-term rentals (less than 30 consecutive days for temporary, recreational, business, or transient purposes); post-closing occupancy agreements of less than 6 months; certain owner-occupied properties with a limited number of units; employer-provided housing agreements; and tenants who have not resided at the property for at least 12 months. Tenants with lease terms shorter than 12 months are not covered unless they have actually resided at the premises for over 12 months. Prior to HB 24-1098, landlords could decline to renew a lease at expiration for any reason; that is no longer permitted for qualifying tenancies.
For-cause grounds for eviction include: nonpayment of rent after proper 10-day demand; material breach of the lease that is not cured after proper notice; criminal activity on or near the premises that endangers others; substantial damage to the property by the tenant; nuisance or disturbance interfering with quiet enjoyment of other tenants or the landlord; holding over after expiration of a fixed-term lease; and refusal to allow lawful landlord entry after proper notice. No-fault grounds for eviction (all require 90 days written notice stating the specific ground): demolition or conversion of the residential premises; substantial repairs or renovations requiring vacancy (landlord must allow tenant to re-lease if repairs expected to last less than 180 days); landlord or a family member of the landlord assumes occupancy as their primary residence; withdrawal from the rental market for the purpose of selling the residential premises; tenant refuses to sign a new lease with reasonable terms; and history of at least 3 nonpayments of rent over 10 days late during the tenancy.
📄 View Official Source ↗
Effective: Lists all permissible grounds for eviction under Colorado's for-cause eviction statute including both for-cause and no-fault grounds.
If a landlord proceeds with an eviction in violation of Part 13 and the tenant loses possession of the dwelling unit without a court order, the tenant may seek relief under C.R.S. § 38-12-510, including actual damages, statutory penalties, and injunctive relief.
In any eviction action governed by Part 13, the landlord bears the burden of proving that cause exists for the eviction. The statute is to be construed broadly to prevent arbitrary displacement of residential tenants.
A landlord may not attempt to circumvent the just cause requirements by increasing a tenant's rent in a discriminatory, retaliatory, or unconscionable manner. A substantial rent increase at the end of a rental period to force a tenant out — when the landlord does not otherwise have permissible grounds for eviction — may constitute a violation of this provision and the landlord's general duty to act in good faith under the rental agreement.
Part 1 of Article 40 governs the procedure for Forcible Entry and Detainer (FED) actions in Colorado. All residential evictions must be pursued through the FED process in county court. Self-help eviction including changing locks, removing the tenant's belongings, or shutting off utilities is illegal and exposes the landlord to significant civil liability. Defines key terms including 'forcible entry,' 'forcible detainer,' 'unlawful detainer,' and 'tenant' for purposes of the eviction statute.
A tenant or lessee is guilty of unlawful detainer in the following situations: nonpayment of rent after a proper demand notice; holding over after expiration or termination of the lease term; material violation of the lease that is not cured after proper notice; substantial violation including criminal activity, property damage, or nuisance; and just-cause grounds under C.R.S. § 38-12-1303 for qualifying 12-month-or-longer tenancies. For non-payment or curable lease violations, the landlord first serves a Demand for Compliance or Possession. If the same violation recurs within 6 months after the tenant has already received one Demand, the landlord may serve a Notice to Quit with no opportunity to cure.
The following notice periods apply to terminate a tenancy: at-will or week-to-week tenancy (less than 1 month) — 3 days; monthly tenancy of at least 1 month but less than 6 months — 21 days; tenancy of 6 months or longer but less than 1 year — 28 days; tenancy of 1 year or longer — 91 days; tenancy of less than 1 week — 1 day. For tenancies of 12 or more months subject to just-cause protections, the 91-day notice period applies and the notice must state the specific grounds for termination. For no-fault grounds, at least 90 days' written notice is required stating the specific no-fault reason. Notices must be written in a language the landlord knows or has reason to know is the tenant's primary language.
If a tenant or the tenant's guest endangers the property of the landlord or others, commits a violent or drug-related felony on or near the property, or commits a public nuisance on or near the property, the landlord may give a 3-day Notice to Quit with no right to cure. This is an unconditional notice — the tenant has no opportunity to remedy the violation. The landlord must prove at trial that the substantial violation actually occurred.
Demands and notices in FED proceedings must be served on the tenant. Landlords must attempt personal service on the tenant on at least two separate days before resorting to posting the notice on the tenant's door. If posting on the door, a copy must also be sent via first-class mail within 24 hours of posting. Notices must be written in a language the landlord knows or has reason to know is the tenant's primary language. Proof of service including a signed affidavit from the server, photographs of any posted notice, or mail receipts must be retained as it will be required in court.
After the applicable notice period expires without compliance, the landlord files a Complaint in the county court where the rental property is located. The court issues a Summons directing the tenant to appear. The Summons must be personally served on the tenant. If personal service fails on two separate attempts, the summons may be posted on the property with a copy mailed within 24 hours of posting. Filing fees are typically $85 to $135 depending on the county. Court hearings are typically scheduled within 7 to 14 days of filing.
Trial on the issue of possession must be scheduled timely. The landlord must appear with all documentation: the lease, proof of notice, proof of service, and evidence of the grounds for eviction. The landlord bears the burden of proof. If the court finds unlawful detainer, it issues a Judgment for Possession and a Writ of Restitution directing the sheriff to remove the tenant. The tenant has the right to appeal; an appeal bond may be required. Evictions may only be conducted between sunrise and sunset. All tenant belongings must be removed and deposited along the nearest public right-of-way. The landlord must store tenant personal property valued over $500 for 30 days with written notice to the tenant.
For tenants receiving certain financial assistance including SSDI, SSI, or Colorado Works Cash Assistance, landlords are required to offer mediation in good faith before filing an FED lawsuit. If mandatory mediation occurs, there is generally a 30-day delay after an eviction judgment is entered before the sheriff can physically remove the tenant. This delay provides an opportunity for a neutral third party to facilitate a voluntary settlement between the landlord and tenant.
As of 2024, landlords are required to pay for reasonable modifications requested by tenants with disabilities. Prior to HB 24-1318, landlords could require the tenant to pay for reasonable modifications. Covered modifications include grab bars, accessible doorways, ramps, and other accessibility improvements requested by a tenant with a qualifying disability. Landlords may not require the tenant to restore the unit to its prior condition upon move-out if the modification was required under this provision. This requirement applies to all residential landlords regardless of portfolio size.
All Colorado landlords must accept housing vouchers (Section 8 / Housing Choice Voucher program). Refusing an applicant based solely on their use of a housing voucher is a fair housing violation regardless of the landlord's portfolio size. For tenants paying rent with housing vouchers, the nonpayment of rent notice period is 30 days (not the standard 10 days). Late fees for housing voucher holders are capped at $20. Mandatory mediation may be required before filing an eviction lawsuit against a housing voucher holder.
Colorado landlords who rent out multifamily residential properties cannot prohibit tenants from accessing broadband services of the tenant's choice. Tenants must be able to select their own internet service providers. Landlords may not impose exclusive broadband or cable provider arrangements that block tenant choice in multifamily residential settings.
Note: HB 25-1249 (effective January 1, 2026) did not reduce the security deposit cap from two months' rent. The two-month cap established by SB 23-184 remains in effect as of April 2026. However, HB 25-1249 significantly changed how deposits are administered, what may be deducted, and the process for returning deposits. See C.R.S. § 38-12-103 for the updated return and deduction rules effective January 1, 2026.
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