CO
Colorado Landlord-Tenant Laws
Security Deposit Maximum Amount
C.R.S. § 38-12-102.5
⏰ Timeline
At or before move-in
✅ Key Requirements
View Full Statute →
- Maximum security deposit is 2 months' rent (effective August 7, 2023)
- No separate account or interest payment required by state law
- Landlord may keep interest and profits earned from trust account as compensation for administering it (C.R.S. § 38-12-207)
- However, landlord shall not commingle security deposit trust funds with other money (C.R.S. § 38-12-207)
- All nonrefundable fees must be designated as nonrefundable in the lease
- +3 more requirements
Security Deposit Return Requirements
C.R.S. § 38-12-103(1)
⏰ Timeline
- 30 days (one month) after termination of lease or surrender and acceptance, whichever is last
- 60 days if the lease specifies a longer period
- Landlord must provide supporting documentation within 14 days of tenant's request (HB 25-1249, effective 1/1/2026)
- Landlord must hold returned check for at least 1 year and disburse within 15 days of tenant's written request (HB 25-1249)
✅ Key Requirements
View Full Statute →
- Default return period: 30 days after lease termination or surrender/acceptance, whichever is LAST
- Lease may extend return period up to 60 days maximum
- Cannot retain any portion for normal wear and tear
- Cannot retain for pre-existing damage (HB 25-1249, effective 1/1/2026)
- If retaining any portion, must provide written statement listing EXACT reasons for retention
- +8 more requirements
Permitted Security Deposit Deductions
C.R.S. § 38-12-103(1)
⏰ Timeline
Within 30-60 day return window
✅ Key Requirements
View Full Statute →
- CANNOT retain for normal wear and tear (minor damage from normal property use without negligence)
- CANNOT retain for pre-existing damage or defective conditions (HB 25-1249, effective 1/1/2026)
- MAY retain for: nonpayment of rent, abandonment, nonpayment of utility charges, repair work, or cleaning contracted by tenant
- MAY retain for: nonpayment of other lawful charges listed in the lease (HB 25-1249)
- MAY retain for: necessary repair work for damage or defective conditions caused by tenant (HB 25-1249)
- +5 more requirements
Eviction for Nonpayment of Rent (10-Day Demand)
C.R.S. § 13-40-104(1)(d)
⏰ Timeline
- 10 days' written notice (Demand for Compliance)
- 5 days' notice (landlord owns 5 or fewer single-family rental homes with proper notice in lease)
- 3 days' notice
- 7-day grace period required by state law before late fees may be charged (C.R.S. § 38-12-105)
✅ Key Requirements
View Full Statute →
- Standard residential: 10-day written Demand for Compliance requiring payment of rent OR surrender of premises
- Colorado mandates a 7-day grace period — rent cannot be considered late until 7 days after due date (C.R.S. § 38-12-105)
- Exempt residential (landlord owns 5 or fewer single-family rentals with proper lease notice): 5-day notice
- Employer-provided housing: 3-day notice
- Notice must state the amount owed and the date tenancy will terminate if not paid
- +5 more requirements
Eviction for Lease Violations and Substantial Violations
C.R.S. §§ 13-40-104(1)(e), 13-40-107.5
⏰ Timeline
- 10-day Demand for Compliance (cure or quit)
- 3-day Notice to Quit (no right to cure)
- 3-day Notice to Quit (no right to cure)
- 10-day notice requiring cessation or quit
✅ Key Requirements
View Full Statute →
- Curable lease violation: 10-day Demand for Compliance — tenant may cure within 10 days to avoid eviction
- Repeat violation (same provision previously violated and cured): 3-day Notice to Quit — no right to cure
- Substantial violation (C.R.S. § 13-40-107.5): 3-day Notice to Quit for: violent felony, drug-related felony, endangering property, public nuisance on or near premises
- Nuisance/disturbance interfering with quiet enjoyment: 10-day notice requiring cessation or quit (C.R.S. § 13-40-104(1)(j))
- Domestic violence victims cannot be evicted solely because DV occurred — victim's conduct as a result of being a victim does not constitute nuisance (C.R.S. § 13-40-104(1)(j)(III))
- +3 more requirements
Just Cause Eviction Requirements (HB 24-1098)
C.R.S. §§ 38-12-1301 to 38-12-1306 (HB 24-1098)
⏰ Timeline
- April 19, 2024 (immediate effect)
- 90 days' notice required
- Tenant has resided for 12+ months (tenants under 12 months may be non-renewed without cause)
✅ Key Requirements
View Full Statute →
- Landlords CANNOT evict residential tenants without legally recognized cause (effective 4/19/2024)
- Landlords MUST offer lease renewals to existing tenants — cannot refuse to renew without cause
- 'For cause' grounds include: nonpayment of rent, material lease violations, criminal activity, nuisance/disturbance, negligent property damage
- 'No-fault' eviction grounds (with 90 days' notice): demolition/conversion, substantial repairs (30+ days), landlord/family member occupancy, sale of property, tenant refuses new lease with reasonable terms, history of 3+ late payments (10+ days late)
- Exemptions: short-term rentals (<30 days), owner-occupied or adjacent properties (with unit limits), employer-provided housing, tenants who have resided less than 12 months
- +6 more requirements
Colorado Eviction Court Process (Forcible Entry and Detainer)
C.R.S. §§ 13-40-101 to 13-40-128
⏰ Timeline
Hearing scheduled 5-10 days after summons is issued; Writ of Restitution enforced 48 hours after judgment
✅ Key Requirements
View Full Statute →
- Step 1: Serve proper written notice (Demand for Compliance, Notice to Quit, or Notice of No-Fault Eviction)
- Step 2: If tenant does not comply, file FED Complaint (JDF 101) and Summons (JDF 102) in county court
- Step 3: Court issues summons — hearing set no less than 5 and no more than 10 days after issuance (C.R.S. § 13-40-111)
- Step 4: Tenant served at least 5 days before court date; may answer orally or in writing
- Step 5: Hearing or trial — both parties present evidence
- +8 more requirements
Warranty of Habitability
C.R.S. §§ 38-12-503, 38-12-505
⏰ Timeline
- Remedial action must commence within 24 hours of notice
- Remedial action must commence within 72 hours of notice
- 14 calendar days for general uninhabitable conditions; 7 calendar days for conditions materially interfering with life, health, or safety
- Tenant may terminate lease 14 days after notice if same condition recurs within 6 months
✅ Key Requirements
View Full Statute →
- Colorado has a STATUTORY warranty of habitability (C.R.S. § 38-12-503), substantially updated by SB 24-094 (2024)
- Warranty is an ONGOING maintenance obligation throughout the entire lease term
- Habitability remediation is at landlord's expense — NOT tenant's
- Conditions materially interfering with life, health, or safety: landlord must commence remedial action within 24 hours
- General uninhabitable conditions: landlord must commence remedial action within 72 hours
- +8 more requirements
Tenant's Right to Repair and Deduct
C.R.S. § 38-12-507(1)(c), (1)(e)
⏰ Timeline
10 days' written notice to landlord (48 hours if condition materially interferes with life, health, or safety)
✅ Key Requirements
View Full Statute →
- Tenant may repair and deduct from rent if landlord breaches warranty of habitability
- Standard notice: 10 days' advance written notice of intent to hire professional to remedy condition
- Emergency: 48 hours' notice if tenant has good faith belief condition materially interferes with life, health, or safety
- If landlord fails to repair within notice period OR fails to provide alternative housing, tenant may proceed
- Professional must be licensed or otherwise qualified and NOT a relative of the tenant
- +6 more requirements
Late Fees and Grace Period Requirements
C.R.S. § 38-12-105
⏰ Timeline
Late fee cannot be charged until the 8th day after rent is due (7-day grace period)
✅ Key Requirements
View Full Statute →
- Colorado mandates a 7-day grace period — late fee cannot be assessed until the 8th day after rent due date
- Maximum late fee: the GREATER of $50 or 5% of the past due rent payment
- Only ONE late fee may be charged per late rental period
- NSF/bounced check fee: up to $20, but only if described in the rental agreement (C.R.S. § 13-21-109)
- Late fee must be specified in the rental agreement to be enforceable
- +3 more requirements
Landlord Right of Entry
No comprehensive state statute
⏰ Timeline
No general state requirement; 48 hours for bedbug inspections; lease terms govern
✅ Key Requirements
View Full Statute →
- Colorado does NOT have a comprehensive state statute on landlord entry notice
- Entry rights are primarily governed by the lease agreement
- Bedbug inspection or treatment: landlord must give at least 48 hours' written or electronic notice (C.R.S. § 38-12-1004)
- Best practice: 24-48 hours' written notice for non-emergency entry (many local ordinances require this)
- Emergency entry is generally permitted without notice under common law principles
- +3 more requirements
Retaliation Protection for Tenants
C.R.S. § 38-12-509
⏰ Timeline
Protection applies when tenant engages in protected activity
✅ Key Requirements
View Full Statute →
- Landlord may NOT retaliate against tenant for: reporting habitability issues to landlord, third parties, or government agencies (C.R.S. § 38-12-509(1)(a)(I))
- Also protected: organizing or joining tenants' organization (C.R.S. § 38-12-509(1)(a)(II))
- Also protected: exercising any right or remedy under the warranty of habitability statutes (C.R.S. § 38-12-509(1)(a)(III))
- Retaliatory actions include: increasing rent, decreasing services, terminating or not renewing lease without consent, filing for eviction
- Non-renewal of a lease can be retaliatory under the 2024 amendments
- +3 more requirements
Lease Requirements and Disclosures
C.R.S. §§ 38-12-801 to 38-12-803 (Radon); 38-12-1203 (Immigration); 38-12-1302 (Renewals)
⏰ Timeline
At or before lease signing
✅ Key Requirements
View Full Statute →
- Radon disclosure REQUIRED before lease signing: must include radon levels, test results, mitigation system description, and Department of Public Health brochure (C.R.S. § 38-12-803)
- Failure to disclose radon is per se breach of warranty of habitability (C.R.S. § 38-12-503(2.4))
- Tenant may terminate if radon not remediated within 180 days of notice
- Immigration status: landlord CANNOT demand immigration/citizenship information; may only ask for SSN or taxpayer ID for financial qualification, and must ask ALL applicants uniformly (C.R.S. § 38-12-1203)
- Must provide copy of tenant's rights and resources notice at time of serving demand (Denver ordinance, also state best practice)
- +5 more requirements
Lease Termination Notice Periods
C.R.S. § 13-40-107
⏰ Timeline
- 3 days' notice
- 21 days' notice
- 91 days' notice
- Expires on its date; under HB 24-1098, landlord must offer renewal for 12+ month tenants
✅ Key Requirements
View Full Statute →
- At-will tenancy (no written lease): 3 days' notice to quit
- Month-to-month, tenant in residence less than 1 year: at least 21 days' notice
- Month-to-month, tenant in residence 1 year or more: at least 91 days' notice
- Fixed-term lease: ends on its stated date unless renewed
- Under HB 24-1098: landlord MUST offer renewal to tenants with 12+ months' residency — cannot simply refuse to renew
- +4 more requirements
Fair Housing and Discrimination Protections
C.R.S. §§ 24-34-501 to 24-34-509; 42 U.S.C. § 3604
⏰ Timeline
Ongoing; applies to all housing transactions
✅ Key Requirements
View Full Statute →
- Federal Fair Housing Act protections: race, color, national origin, religion, sex, familial status, disability
- Colorado adds: sexual orientation, gender identity, gender expression, marital status, creed, ancestry
- Must make reasonable accommodations for tenants with disabilities
- Landlords must pay for reasonable modifications for tenants with disabilities (HB 24-1318, effective 2024) — previously tenant's expense
- Service and emotional support animals: no pet deposits or pet rent
- +4 more requirements
Domestic Violence Tenant Protections
C.R.S. § 38-12-402; C.R.S. § 13-40-104(1)(j)(III)
⏰ Timeline
Protections apply at all times during tenancy
✅ Key Requirements
View Full Statute →
- Domestic violence victims CANNOT be evicted for nuisance/disturbance that is a direct result of being a DV victim (C.R.S. § 13-40-104(1)(j)(III))
- Protection applies only to victims, not perpetrators
- Tenant may terminate lease early due to domestic violence, sexual assault, or stalking with proper documentation
- Landlord cannot refuse to rent to or retaliate against DV victims
- Lock change rights available to DV victims
- +1 more requirements