Colorado Landlord Tenant Rights

Colorado Landlord Tenant Rights

Last Updated: August 6, 2024 by Roberto Valenzuela

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.

Note: These rights cannot be waived regardless of what the rental agreement says.

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.

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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 (depending on specifics) 24-96 hours 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.

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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.

warning

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.

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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.

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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

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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