Under Colorado law, if a written or oral agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Colorado Statutes Title 38 Article 12, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived even if the rental agreement tries to do so.
Landlord Responsibilities in Colorado
In Colorado, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Colorado’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only Containers | Only Containers |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Colorado
Landlords must perform necessary repairs in a timely manner. In Colorado, landlords must begin repairs in good faith within 24-72 hours (depending on the type of issue) after getting proper notice from tenants.
If repairs aren’t made in a timely manner, Colorado tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or, by following a special procedure, contract for repairs themselves and deduct from the rent.
Tenant Responsibilities in Colorado
Apart from paying rent promptly and on time, Colorado tenants must:
- Keep the unit safe and habitable
- Remove garbage and maintain cleanliness
- Use facilities and appliances in a reasonable manner
- Perform minor repairs and maintenance
- Promptly inform the landlord if the premises is not habitable
- Not negligently or deliberately destroy any part of the premises
- Not disturb other tenants or neighbors
Evictions in Colorado
Colorado landlords may evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent then the landlord may issue a 5-Day Notice To Pay if the landlord has five or fewer rental properties. For tenants who are provided with rental housing by their employer, landlords must provide a 3-Day Notice To Pay. For all other tenancies, landlords must provide a 10-Day Notice To Pay. If the tenant does not pay after the specified timeframe the landlord may file a Forced Entry Detainer and Summons.
- Lease Violation: If a lease violation occurs then the landlord may issue a 5-Day Notice To Comply if the landlord owns five or fewer rental properties. For tenants who have been provided housing by their employer, landlords shall provide a 3-Day Notice To Comply. For all other tenancies, a landlord shall provide a 10-Day Notice To Comply.
- No Lease/End of Lease: At-will tenants are entitled to advance written notice before being evicted that is based on how long they have lived at the property:
- One Year or More: 91-Day Notice To Quit
- Six Months to One Year: 28-Day Notice To Quit
- One to Six Months: 21-Day Notice To Quit
- One Week to One Month: 3-Day Notice To Quit
- Less Than One Week: 1-Day Notice To Quit
- Illegal Acts: Several illegal acts may be justification for eviction, such as assault or violence. A landlord must provide the tenant with a 3-Day Notice To Quit.
Landlords are not permitted to evict tenants in retaliation or for discriminatory reasons.
Colorado courts have specified that a tenant covered by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act is entitled to a minimum 30 days of advance notice about a lease violation before a landlord can file for eviction. This applies even after the act’s other protections have expired.
Landlord Retaliation in Colorado
It’s illegal for Colorado landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Colorado
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 2 months’ rent (1 month, for mobile homes), plus up to $300 as a pet deposit (if relevant)
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits
- Interest Requirement: None
- Receipt Requirement: Yes, for payments made in cash or by money order
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, damage excluding normal wear and tear, costs of abandonment, unpaid cleaning services, and any other reasonable deductions
- Time Limit for Return: Landlords must typically return security deposits within one month. However, lease agreements can specify a longer period to return security deposits, up to 60 days
- Max. Penalty for Late Return: Tenants can sue for three times the amount wrongfully withheld plus court costs and attorneys’ fees
Lease Termination in Colorado
Notice Requirements: Tenants on a periodic lease who want to break their lease must give landlords advance notice based on how long they have lived on the property:
| How Long? | Notice Needed |
|---|---|
| Less than 1 Week | 1 Day |
| 1 Week to 1 Month | 3 Days |
| 1 to 6 Months | 7 Days |
| 6 to 12 Months | 28 Days |
| Year-to-Year | 91 Days |
Early Termination: If a Colorado tenant wishes to break a lease early then they may do so legally for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
- Gas hazard
Tenants who break a lease early may still be obligated to pay the rest of the rent remaining on the lease, although landlords must make a reasonable effort to re-rent the unit.
Cost of Breaking a Lease in Colorado
If a Colorado tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Colorado
Colorado does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Colorado does not have rent control, landlords can raise the rent by any amount, but they cannot increase the rent during the lease term unless the lease agreement allows for it. However, rent increases are limited to once per year. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give 60 days’ notice if there is no written lease agreement or the rental unit is a mobile home. In other situations, there is no statute requiring a certain notice period for a rent increase.
Housing Discrimination in Colorado
Protected Groups: The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, sex, religion, familial status, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Colorado law extends protections in housing to people based on their marital status, ancestry, sexual orientation, gender identity, and ownership of a service animal.
Discriminatory Acts and Penalties: The Colorado Department of Regulatory Agencies, Civil Rights Division has outlined that the following actions may be interpreted as discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer
- Providing different terms, conditions, or privileges
- Failing to provide reasonable accommodations
- Retaliating in response to tenants exercising their housing rights
- Offering unequal financing options
Tenants may file discrimination charges online.
Additional Landlord Tenant Regulations in Colorado
In addition to having laws that address general issues like repairs and security deposits, most states, including Colorado, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in Colorado
Colorado landlords have the right to enter rental property for purposes reasonably related to the rental agreement, such as maintenance and inspections. They don’t need permission to enter for a valid purpose, unless the rental agreement says otherwise. The law doesn’t specifically require advance notice before a landlord entry in most cases, but there are some exceptions which require a minimum 48 hours of notice.
Rent Collection and Related Fees in Colorado
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are required to provide a seven-day grace period for the payment of rent before charging a late fee
- Maximum Late Fee: $50 or 5% of the rent due
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Required for cash or money order
Small Claims Court in Colorado
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $7,500. Colorado Small Claims Court is a division of County Court. The process takes approximately one to three months.
Mandatory Disclosures in Colorado
Colorado landlords are required to make the following mandated disclosure:
- Lead-Based Paint – Landlords who own homes built before 1978 must provide info about the concentration of lead paint.
- Radon Gas Disclosure – Colorado law requires that all residential lease agreements include a radon gas disclosure. This must include a a formal statement about the dangers of radon gas, plus current information about radon testing and concentrations on the property. The disclosure is not valid unless signed by the tenant.
Changing the Locks in Colorado
Colorado law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Mandatory Eviction Mediation in Colorado
Colorado landlords in many cases cannot evict a tenant who receives public assistance, unless they have first gone through a mediation process. Failure to go through required mediation is an affirmative defense in eviction proceedings. Mediation is required if both of the following factors are present:
- The landlord operates more than five total rental units, and
- The tenant receives supplemental security income, social security disability assistance, or Colorado state cash assistance
Mediation must take place at no cost to the tenant, with legal counsel permitted but not required for both parties. A tenant can waive mediation, but only by a separate, specific agreement with the landlord. Waiver is illegal if it’s in a lease or other broader contract related to rental matters.
Local Laws in Colorado
Many cities in Colorado have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Denver Landlord Tenant Rights
The City of Denver maintains several additional landlord-tenant policies. For example, Denver landlords must give 21 days’ notice before raising rent. Immigrants are also protected from discrimination in Denver. Additional rules can be found here.
Longmont Landlord Tenant Rights
The City of Longmont maintains many of the state’s statutory requirements but they are administered directly through the city’s government instead of the state’s government. More info can be found here.
Aurora Landlord Tenant Rights
The City of Aurora has a Multi-Family Systematic Housing Inspection Program that enforces state and local health codes. Tenants can request an inspection from this agency. More information about this agency can be found here.
Fort Collins Landlord Tenant Rights
The City of Fort Collins also has its own code compliance program that enforces health and safety codes. The program also fields and negotiates punishments for code violations. More information about this program and housing ordinances in Fort Collins can be found here.
Sources
- 1 Arvada Vill. Gardens L.P. v. Garate, No. 23SA34, 9 (Colo. 2023)
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A landlord of a property covered by the CARES Act must give thirty days’ notice before filing for FED [i.e., eviction] in Colorado.Source Link
- 2 Colo. Rev. Stat. § 38-12-102.5
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On and after August 7, 2023, a landlord shall not require a tenant to submit a security deposit in an amount that exceeds the amount of two monthly rent payments under the rental agreement.Source Link
- 3 Colo. Rev. Stat. § 38-12-106(1) & (2)
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(1) A landlord shall not demand or receive an additional security deposit of more than three hundred dollars from a prospective or current tenant as a condition of permitting the tenant’s pet animal to reside at the residential premises with the tenant, and the security deposit must be refundable to the tenant. (2) A landlord shall not demand or receive additional rent from a tenant as a condition of permitting the tenant’s pet animal to reside at the residential premises with the tenant in an amount that exceeds thirty-five dollars per month or one and one-half percent per month of the tenant’s monthly rent, whichever amount is greater. - 4 Colo. Rev. Stat. § 38-12-105(1)(b)
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A landlord shall not… Charge a tenant or home owner a late fee in an amount that exceeds the greater of:
(I) Fifty dollars; or
(II) Five percent of the amount of the past due rent payment.
Source Link - 5 Colo. Rev. Stat. § 38-12-802
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Upon receiving any payment made in person by a tenant with cash or a money order, a landlord shall contemporaneously provide the tenant with a receipt indicating the amount the tenant paid and the date of payment. If the landlord receives a payment that is not delivered in person by the tenant with cash or a money order, if requested by the tenant, the landlord shall, within seven days after the request, provide the tenant with a receipt indicating the amount the tenant paid, the recipient, and the date of payment, unless there is already an existing procedure that provides a tenant with a record of the payment received that indicates the amount the tenant paid, the recipient, and the date of payment. A landlord may provide the tenant with an electronic receipt, unless the tenant requests a paper receipt, in which case the landlord shall provide the tenant with a paper receipt. For purposes of this section, a receipt may be included as part of a billing statement.
Source Link - 6 Colo. Rev. Stat. § 38-12-803(2)(a)(i)
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Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure:
(I) A warning statement in bold-faced type that is clearly legible in substantially the same form as is specified as follows: The Colorado Department of Public Health and Environment strongly recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.
Residential real property may present exposure to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property.
- 7 Colo. Rev. Stat. § 38-12-803(2)(a)(ii) & (2)(a)(iii)
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Before signing a lease agreement for residential real property, the landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure: … Source Link(II) Any knowledge the landlord has of the residential real property’s radon concentrations, including the following information: (A) Whether a radon test or tests have been conducted on the residential real property; (B) The most current records and reports pertaining to radon concentrations within the residential real property; (C) A description of any radon concentrations detected or mitigation or remediation performed; and (D) Information regarding any radon mitigation system, including a system description and documentation, if a radon mitigation system has been installed in the residential real property; and (III) A copy of the most recent brochure published by the department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions. - 8 Colo. Rev. Stat. § 13-40-110(1)(a)
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An action under this article 40 is commenced by filing with the court a complaint in writing describing the property with reasonable certainty, the grounds for the recovery thereof, the name of the person in possession or occupancy, a prayer for recovery of possession, and a signed affidavit that states:
(I) The residential tenant receives supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26, and the complainant and residential tenant participated in mandatory mediation and the mediation was unsuccessful; (II) The complainant and residential tenant did not participate in mandatory mediation because the residential tenant: (A) Did not disclose or declined to disclose in writing in response to a written inquiry from the complainant that the residential tenant receives supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26; or (B) Does not receive supplemental security income, social security disability insurance under Title II of the federal “Social Security Act”, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26; or (III) The complainant and residential tenant did not participate in mandatory mediation because the complainant is: (A) A 501(c)(3) nonprofit organization that offers opportunities for mediation to residential tenants prior to filing a residential eviction in court; or (B) A landlord with five or fewer single-family rental homes and no more than five total rental units, including any single-family homes. - 9 Colo. Rev. Stat. § 13-40-110(1)(b) & (1)(d)
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(b) Mandatory mediation must be conducted by a trained neutral third party and be provided at no cost to the residential tenant. The landlord is only required to pay for the landlord’s portion of the mandatory mediation. The complainant and residential tenant may have legal representation present during the mandatory mediation. A residential tenant may voluntarily waive the tenant’s right to mandatory mediation, but a waiver must not be in any lease agreement or other agreement between the complainant and residential tenant pursuant to section 38-12-801. … (d) Failure to comply with the mandatory mediation requirements outlined in this subsection (1) is an affirmative defense. If the affirmative defense is raised and the complainant cannot demonstrate that the requirements were met, the court shall dismiss the case without prejudice and a new complaint must be filed.
