Colorado Landlord-Tenant Law: Overview of Rights 2024

Whether you’re a landlord or a tenant in the Centennial State, it’s crucial to understand all aspects of Colorado landlord-tenant law. These regulations govern the rental relationship, allowing landlords and tenants to make informed decisions about Colorado lease agreements, security deposits, and other aspects of property rental.

So, keep reading for both parties’ legal obligations to help you better understand Colorado tenant rights and how they relate to Colorado’s laws on tenant screening, rent control, and more.

Key Findings: Landlord-Tenant Rights & Responsibilities

Both landlords and tenants have certain rights and responsibilities that form the foundation of the landlord-tenant relationship and the rental agreement itself.

The key points are:

Colorado landlords have the right to:

• Charge an application fee to cover the costs of processing applications, assuming the tenant doesn’t provide a portable tenant screening report
• Charge a security deposit to cover unpaid rent and damages
• Charge rent and late fees for delayed rent payments
• Enter the property if needed, as long as they provide proper notice or in cases of emergency
• Evict tenants who do not pay rent or who break the terms of the lease

Colorado landlords are responsible for:

• Making mandatory disclosures to tenants and applicants at the time of lease signing
• Maintaining dwelling unit in safe, habitable condition
• Maintaining provided appliances in good working condition
• Returning unused portions of the security deposit within 30 days of tenant move out, though 60 days are acceptable if established in the lease
• Adhering to the terms of the lease

Colorado tenants have the right to:

• Safe, habitable housing regardless of gender identity, race, religion, etc.
• Request repairs from landlords
• Deduct the costs of repairs from rent if not completed by the landlord
• Receive notification of landlord’s intent to terminate or not renew a lease
• Receive unused portions of the security deposit within 30 (or 60 if specified in the lease)

Colorado tenants are responsible for:

• Paying rent in full and on time
• Maintaining dwelling unit in clean, habitable condition
• Allowing the landlord reasonable access to the dwelling unit
• Not disturbing neighbors’ peaceful use of the premises
• Adhering to the terms of the lease

Best Practices for Screening Prospective Tenants

As of 2024, Colorado landlord-tenant laws allow landlords to charge a rental application fee only if the entire amount is used to cover application processing under Colo. Rev. Stat. § 38-12-903.

Though no laws restrict the amount that landlords may charge, landlords must provide a receipt and return any unused portions of the fee to the applicant. Tenants may also provide a portable tenant screening report in lieu of an application fee as per Colo. Rev. Stat. § 38-12-904.

Colorado landlords can inquire about a tenant’s criminal history to determine whether or not to establish a rental agreement. However, landlords may only consider convictions from the past 5 years and must consider the nature of those convictions.

Also, a new Colorado landlord-tenant law, SB 23-184, heavily restricts landlords from using credit scores in the rental application process. Instead, income may be used to determine rental eligibility.

To thoroughly screen prospective tenants, try TurboTenant’s Tenant Screening software and confidently rent to trustworthy tenants. Our software will give you the tools to stop worrying about legal compliance and help you avoid discrimination lawsuits.

Compliance with Fair Housing Laws in Colorado

Both federal and state fair housing laws apply in Colorado, allowing tenants to seek housing without fear of discrimination on the basis of race, sex, religion, color, and other factors. In fact, Colorado’s fair housing laws are the oldest in the nation.

What actions are considered housing discrimination?

Housing discrimination includes refusing to rent to a protected class member, harassing or discouraging prospective tenants from applying to rent, or using harsher lease terms for certain tenants. Discrimination also covers biased advertising, such as an advertisement stating that applicants of a certain race or familial status should not apply.

If found guilty of housing discrimination, landlords face significant civil penalties for committing housing discrimination and could also lose good tenants as a result.

How can landlords avoid discrimination in rental practices?

To avoid discrimination in rental practices, landlords must apply all rental-related activities equally to applicants and tenants, including advertising, screening, selection, and lease terms. Additionally, Colorado tenant rights require landlords to allow and pay for reasonable modifications to a dwelling unit for tenants with disabilities.

In addition to avoiding fair housing violations themselves, landlords must thoroughly train all employees on fair housing practices, as property owners will be held liable for any discriminatory acts committed by staff.

What are the repercussions for fair housing violations?

Landlords who violate fair housing policies may face civil litigation and fines of up to $2,500 in addition to court costs and other economic damages. Landlords accused of fair housing violations should document all evidence to the contrary and consult a licensed attorney for further guidance.

Colorado Lease Agreements

Colorado landlord-tenant law requires that landlords provide a written rental contract, or a lease, for any rental agreement lasting longer than 12 months. Regardless of the time period, though, we highly recommend written lease agreements to clarify the terms of the rental agreement and ensure both landlords and tenants are aware of their respective rights and responsibilities.

Leases typically operate on a week-to-week, month-to-month, or fixed-term basis. Week-to-week and month-to-month leases renew automatically at the end of each week or month until either party terminates the agreement. Fixed-term contracts, meanwhile, expire on a specific date, at which point they may be renewed or terminated.

Keep in mind that landlords in Colorado must offer lease renewals to tenants unless the tenant commits a substantial lease violation. They may also not offer lease renewals for one of six no-fault eviction reasons outlined in HB 1098, including demolition of the unit or if the landlord or one of their family members is moving into the unit.

Which lease terms are legally required in Colorado?

Leases in Colorado must include the name and address of the landlord and/or the landlord’s authorized agent, if any. Additionally, per Colo. Rev. Stat. § 38-12-801, landlords must provide a source of income nondiscrimination statement with the lease.

What constitutes legal renting in Colorado?

Colorado state law does not require landlords to possess a rental license; however, a license is required in certain cities, like Denver. All rental units must comply with housing, zoning, and safety ordinances. Colorado tenant rights in 2024 also prohibit landlords from establishing occupancy limits on residential rental properties based on whether or not the occupants are related per HB-1007.

Further, rental agreements may not contain terms waiving a landlord’s responsibilities or requiring a tenant to pay a landlord’s legal fees. Read HB23-1095 for a full list of prohibited terms.

What tenant documentation is required?

Tenants typically provide a valid ID and proof of income or savings to rent a dwelling unit. Landlords may also ask tenants for references, their Social Security number, and a signed consent form for a background check.

Both landlords and tenants should maintain records of all transactions related to the rental agreement, which may be presented as evidence if disputes over the lease occur in the future.

What are the mandatory landlord disclosures in Colorado?

Landlords in Colorado must disclose the presence of bedbugs and radon within the past eight months. Federal law also requires landlords to disclose the presence of lead-based paint in any dwelling unit built before 1978.

For premises located within the City and County of Denver, Landlords must attach the Denver Tenant Rights and Resources Handbook. Effective 1/1/2025, lease agreements must contain language explaining how and where a tenant can report and deliver written notification of an unsafe/uninhabitable living condition. This notice must be displayed in English and Spanish.

Failure to make these disclosures could result in civil legal penalties and financial consequences, such as fines and personal injury lawsuits.

Using our lease agreement generator is a great way to take the guesswork out of your lease agreements in Colorado. With it, you can craft a lease agreement that meets all the legal marks in 10 minutes or less.

Security Deposits in Colorado

Landlords can and should charge a security deposit to cover any unexpected damages and unpaid rent. The landlord will hold the sum for these purposes only, and any unused portions must be returned to the tenant after residency.

What are the guidelines for security deposit collection?

Under Colo. Rev. Stat. § 38-12-102.5, Colorado landlords may charge no more than two months’ worth of rent payments as a security deposit. Landlords and tenants will benefit from using a walk-through checklist upon payment of the security deposit. This report details the property’s condition at the time of move-in and prevents tenants from being charged unfairly for damages.

Though Colorado law does not require landlords to notify tenants where their deposit is held, landlords may want to provide a receipt that includes the name and location of the financial institution used for the deposit. This receipt proves the security deposit’s payment and amount to prevent potential conflicts.

When can deductions be made from security deposits?

Landlords may deduct from security deposits to cover unpaid rent or property damage that exceeds normal wear and tear. Within 30 days of the tenant moving out, the landlord must provide an itemized statement detailing any deductions made from the deposit.

You can stipulate in the lease agreement that the security deposit may be held for up to 60 days.

How should security deposits be returned?

Any unused portions of the security deposit must be returned to the tenant within a month after the tenant’s move-out date. In some Colorado cities, such as Boulder, security deposits accrue interest, which landlords must pay the tenant upon move-out.

Landlords should communicate any security deposit deductions as they occur to prevent future disputes at the time of move-out.

Maintenance Responsibilities of Landlords

As part of Colorado tenant rights, landlords must maintain the dwelling unit in a safe, habitable condition. This includes making necessary repairs to the dwelling unit and appliances to ensure all are in good working order.

What are the legal standards for property conditions?

Landlords must ensure that their rental units meet safety and health standards. Colorado operates under a modified warranty of habitability that outlines the specific requirements to keep a property livable.

This law requires all rental units to be structurally sound and free from health threats like mold and rodent or bug infestations. Landlords in Colorado must also provide functional running water, heating, and electricity.

What is the proper protocol for repairs?

Under the recently passed SB24-094, landlords must address a repair request within 7 to 14 days, depending on the nature of the repair. If landlords do not make the requested repairs within the given time frame, tenants may conduct the repairs independently or with professional assistance and deduct the cost from future rent payments.

Do landlords need to give tenants advance notice before accessing a rental property?

Landlords should give tenants reasonable notice before entering a rental property for non-emergency reasons such as maintenance. Colorado law does not specify the exact time frame for this notice, but 24 hours or more is generally considered reasonable.

Since Colorado laws do not require an exact time frame, landlords may not face legal penalties from the state for failing to give adequate notice. However, tenants may sue for invasion of privacy or terminate the lease early for harassment.

Late Rent Fee Regulations

After a 7-day grace period, landlords in Colorado may charge late fees for overdue rent payments. Additionally, any late rent fees must be mentioned in the lease agreement. These fees may not exceed either $50 or 5% of the past-due amount.

Rent Control in Colorado

Rent control laws strictly cap the maximum amount that may be charged for rent, while rent stabilization laws allow for certain incremental increases. As of 2024, neither rent control nor rent stabilization exists in Colorado.

As a result, landlords in Colorado may raise rent by any amount deemed fit. However, landlords may only increase rent after a lease term and cannot raise rent more than once in a 12-month period of continuous tenant occupancy.

Lease Renewal and Termination

Colorado landlord-tenant law requires landlords to automatically renew rental agreements at the end of each term unless there is a substantial reason not to do so. In this case, landlords must provide tenants with a 90-day notice of intent not to renew the lease.

If a landlord or tenant seeks to terminate a lease, they must provide notice dependent on the length of their lease. Here’s a breakdown.

1-year or longer leases: 91 days’ notice
6-12 months leases: 28 days’ notice
Month-to-month leases: 21 days’ notice
Weekly leases: 3 days’ notice

Should a tenant move out before the end of a lease term, aka breaks the lease, the tenant must typically continue to pay rent until the end of the original term. However, breaking a lease may not carry financial penalties in certain situations, such as active-duty military service, if the tenant is a victim of domestic violence, or if the dwelling unit is unsafe for habitation.

Landlords may also terminate a lease agreement before its expiry date or decline to renew it for several reasons, such as the property being demolished or the landlord intending to move in. In this case, a 90-day notice must be provided under Colo. Rev. Stat. § 38-12-1303.

Eviction Procedures for Colorado Landlords

Eviction should only be used as a last-resort measure to resolve a landlord-tenant dispute. That said, landlords must know the basics of the eviction process in Colorado should it become necessary.

What justifications exist for eviction?

Colorado’s for-cause eviction laws require a landlord to decline to renew or terminate a lease for a good cause, which may include repeated non-payment of rent, violating the lease terms, or conducting illegal activity within the dwelling unit.

Landlords should thoroughly document all violations to present as evidence in an unlawful detainer (eviction) lawsuit.

What is the eviction process?

To evict a tenant, a landlord in Colorado must take the following steps:

• Deliver a 3-day notice to quit (substantial lease violations or illegal activity) or a 10-day notice to cure or quit (non-payment of rent and other lease violations)
• File an unlawful detainer lawsuit
• Court sets a hearing date
• Landlord serves notice of lawsuit to tenant
• Landlord and tenant appear in court to present evidence and receive judgment
• The court issues a writ of restitution to the landlord within 48 hours of judgment
• Landlord brings a writ of restitution to the sheriff, who will remove the tenant

Under no circumstances may a landlord attempt a self-help eviction — the sheriff must be the one to remove the tenant physically.

How is property reclaimed after eviction?

After the tenant has been removed, the landlord may change the locks and take other measures to secure the property against the tenant’s return. If the tenant abandons property when they depart, the landlord must notify the tenant and allow 15 days for the tenant to return to claim their property under Colo. Rev. Stat. § 38-20-116. After this 15-day period, landlords may dispose of the property however they see fit.

Local Ordinances for Landlords and Tenants

Though this article provides an overview of Colorado’s landlord-tenant laws, regulations may also vary by city or county. The official website of Colorado’s legislature provides more insights, and for ordinances specific to your area, visit Municode or American Legal Publishing.

Federal Landlord-Tenant Laws

Federal laws, such as the Fair Housing Act and the Americans with Disabilities Act, also apply to rental situations across the state of Colorado.

If questions arise surrounding federal housing regulations, check with these resources for more information:

• The Consumer Financial Protection Burea
• The Environmental Protection Agency and/or
• The Department of Housing and Urban Development

Managing Tenant Legal Disputes as a Colorado Landlord

Landlord-tenant disputes may be easily resolved with a little patience and clear communication, but in some instances, further legal assistance may be required. Colorado landlords can reach out to licensed attorneys or other legal experts using the resources below:

• Legal Aid Foundation of Colorado: Provides free civil legal services to low-income Coloradans
• Colorado Housing Connects: Runs a hotline for Colorado tenant rights and landlord assistance
• Colorado Law Help: Locations across Colorado providing civil legal aid
• EZ Evict USA: Handles the eviction process for landlords and property owners

Navigate Your Landlord-Tenant Relationship with TurboTenant

Now that you know the basics of Colorado landlord-tenant law, sign up for a free TurboTenant account for even more assistance. We help landlords everywhere better manage relationships with their tenants thanks to features such as:

• Helpful rental applications to streamline the process of securing new tenants
• Thorough tenant screenings that provide crucial information about applicants
• Lease agreement templates that can be easily customized to fit your property
• Rent collection software that allows landlords to track rent payments

In short, TurboTenant’s free property management software can help you navigate Colorado tenant rights and much more.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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