Colorado landlord-tenant law FAQ
26 answers to common Colorado landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in Colorado?
No more than two months' rent.
Verified Source: C.R.S. § 38-12-102.5 (Colorado Legislative Council summary) · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in Colorado?
Within 30 days after the lease ends or the premises are surrendered, whichever is later (a lease may extend this to no more than 60 days). Include a written statement of the exact reasons for anything kept.
Verified Source: C.R.S. § 38-12-103(1) · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in Colorado?
When the landlord must enter to fix a habitability condition, it must give written notice at least 24 hours in advance, stating the date, time and estimated duration. The exception is conditions that imminently threaten life, health or safety, or ongoing serious damage. The tenant may reasonably decline the proposed time, and the landlord must offer an alternative. Bed-bug inspections require 48 hours' notice (§ 38-12-1004). Title 38 sets no general entry-notice rule outside these situations.
Verified Source: C.R.S. § 38-12-503(6); § 38-12-1004 · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in Colorado?
With no written agreement, at least 60 days' written notice. Rent may not be raised more than once in any 12-month period of occupancy, whatever the lease type.
Verified Source: C.R.S. §§ 38-12-701(2), 38-12-702(1) · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in Colorado, and how much?
A late fee may be charged only if rent is at least 7 calendar days late and the fee is disclosed in the lease; maximum is the greater of $50 or 5% of the past-due rent. A tenant cannot be evicted for unpaid late fees.
Verified Source: C.R.S. § 38-12-105(1) · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in Colorado?
10 days' written notice demanding payment of the rent or possession before filing.
Verified Source: C.R.S. § 13-40-104(1)(d) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in Colorado pass rent control?
Yes. Counties and municipalities may not enact any ordinance or resolution that would control rent on private residential property (voluntary affordable-housing agreements and deed restrictions excepted).
Verified Source: C.R.S. § 38-12-301 · last checked 2026-10-15 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in Colorado?
For most residential tenancies, a landlord may not serve a notice to terminate or start an eviction without cause as listed in § 38-12-1303. This includes non-renewal of a month-to-month tenancy. A tenant (or an exempt landlord) ends a month-to-month tenancy with at least 21 days' written notice before the end of the period (§ 13-40-107(2)(c)).
Verified Source: C.R.S. § 38-12-1303; § 13-40-107 · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in Colorado?
Colorado's security deposit statutes (C.R.S. title 38, art. 12, part 1) do not require landlords to pay interest on deposits (whole part read).
Verified Source: C.R.S. §§ 38-12-101 to -106 · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in Colorado?
Colorado's landlord-tenant statutes (C.R.S. title 38, art. 12) require no move-in inspection or checklist (full title read).
Verified Source: C.R.S. title 38, art. 12 · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in Colorado?
A landlord may not retaliate after a good-faith complaint about habitability or safety (to the landlord, a nonprofit or a government agency), joining a tenants' association, or using habitability remedies. Prohibited retaliation includes raising rent, cutting services, ending or not renewing the tenancy, bringing or threatening eviction, harassment, or charging fees.
Verified Source: C.R.S. § 38-12-509(1) · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in Colorado?
A landlord may not remove or exclude a tenant without court process (except for drug-lab cleanup, mutual consent, or abandonment). This includes willfully cutting utilities or removing doors, windows or locks. The tenant can recover actual damages plus the greater of 3 months' rent or $5,000, along with fees, and the court may restore possession.
Verified Source: C.R.S. § 38-12-510 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in Colorado?
If the warranty of habitability is breached and the problem is not fixed, the tenant may end the lease without penalty with 10 to 60 days' written notice. Other remedies are available under the section, including termination when a condition recurs within 6 months.
Verified Source: C.R.S. §§ 38-12-507(1), 38-12-503 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in Colorado?
Before a lease is signed, the landlord must give a signed radon disclosure with the statutory bold warning and any known test results. A tenant must also receive a copy of a written lease.
Verified Source: C.R.S. §§ 38-12-803(2), 38-12-801(1) · last checked 2026-10-15 · Full required lease disclosures page
Can a tenant break a lease early for domestic violence or military service in Colorado?
A victim of unlawful sexual behavior, stalking, domestic violence or domestic abuse who fears imminent danger may end the lease by written notice with evidence (a police report from the past 60 days, a protection order, or a qualifying professional's statement). The tenant owes one month's rent after moving out, payable within 90 days.
Verified Source: C.R.S. § 38-12-402(2) · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in Colorado?
No late fee may be charged until rent is at least 7 calendar days late. Fees are capped at the greater of $50 or 5% of past-due rent and must be disclosed in the lease. Tenants cannot be evicted for unpaid late fees.
Verified Source: C.R.S. § 38-12-105(1) · last checked 2026-10-15 · Full late fee grace period page
How much can a landlord charge for a rental application fee in Colorado?
A landlord may charge an application fee only if the whole fee covers the landlord's actual or average cost of processing the application.
Verified Source: C.R.S. § 38-12-903 · last checked 2026-10-15 · Full application fees & screening page
Can a landlord refuse Section 8 or other source of income in Colorado?
Refusing to rent, or discriminating in rental terms, because of source of income (including housing assistance) is unlawful. Under a small-landlord exception, a landlord with five or fewer single-family rental homes and no more than five total units isn't required to accept federal housing choice vouchers for those homes.
Verified Source: C.R.S. § 24-34-502(1)(l)-(o), (1.5) · last checked 2026-10-15 · Full source of income discrimination page
How does the eviction court process work in Colorado?
The summons orders the tenant to appear and answer 7 to 14 days after it is issued, and no default judgment for possession may be entered before close of business on the appearance date.
Verified Source: C.R.S. § 13-40-111(1) · last checked 2026-10-15 · Full eviction court process & timeline page
Can a tenant fix something and deduct it from rent in Colorado?
For a habitability breach, the tenant may hire a licensed or qualified professional (not a relative) and deduct the cost from rent. The tenant must give 10 days' written notice (48 hours if health or safety is at risk), give the landlord time to fix it, and provide a receipt. A broken appliance may be replaced after 3 days' notice.
Verified Source: C.R.S. § 38-12-507(1)(c) · last checked 2026-10-15 · Full repair and deduct page
Does a landlord have to provide smoke and carbon monoxide detectors in Colorado?
In a rental unit with fuel-fired appliances or an attached garage, the owner must replace any missing or non-working carbon monoxide alarm before a new tenant moves in, provide batteries at move-in, and replace or fix an alarm when the tenant reports a problem.
Verified Source: C.R.S. § 38-45-104(3)(a) · last checked 2026-10-15 · Full smoke & co detectors page
What happens if a tenant stays after the lease ends in Colorado?
Under Colorado's eviction statute, holding over after the lease term ends or after termination counts as unlawful detention only for nonresidential property and for the residential premises exempted in § 38-12-1302 (the exempt categories under the for-cause eviction law). For other residential tenancies, the for-cause rules in part 13 of art. 12 apply instead.
Verified Source: C.R.S. § 13-40-104(1)(c) · last checked 2026-10-15 · Full holdover tenants page
What is the domestic violence early termination rule in Colorado?
A victim of domestic violence, domestic abuse, unlawful sexual behavior or stalking who fears imminent danger may end the lease by written notice with evidence, and then owes one month's rent after moving out, due within 90 days. Code text: "then the residential tenant may terminate the residential rental agreement or lease agreement and vacate the premises without further obligation."
Verified Source: C.R.S. § 38-12-402(2) · last checked 2026-10-16 · Full domestic violence early termination page
What is the military lease termination (federal scra, all states) rule in Colorado?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
How much does it cost to file an eviction in Colorado?
Tenants (defendants) pay $0 to answer a forcible entry and detainer (eviction) complaint, even with a counterclaim or cross claim. Landlord (plaintiff) docket fees still follow the ordinary county-court civil fee schedule based on the amount sought. Statute text: "A defendant or third-party defendant shall not be charged any fee, charge, or cost for filing an answer in response to a forcible entry and detainer complaint, regardless of whether the filing of the answer includes a counterclaim or cross claim, and regardless of whether a money judgment is being sought for any amount. (d) On and after January 1, 2019, by each plaintiff, petitioner, third-party plaintiff, and party filing a cross claim or counterclaim filed in a district court of the state, a f" (C.R.S. § 13-32-101(1)(c)(V)).
Verified Source: C.R.S. § 13-32-101(1)(c)(V) · last checked 2026-10-16 · Full eviction filing fees page
Can a landlord deny a tenant for criminal or credit history in Colorado?
Colorado limits how far back landlords may look when they use criminal or credit history. Arrest records may not be considered at any time, and most convictions older than five years may not be considered (with listed exceptions such as meth manufacture/distribution, sex-offender registration offenses, and certain person crimes). Rental and credit history may not be considered beyond seven years. Landlords must also accept a portable tenant screening report that meets the statute when an applicant provides one. Statute text: "the landlord shall not consider an arrest record of a prospective tenant from any time or any conviction of a prospective tenant that occurred more than five years before the date of the application" (C.R.S. § 38-12-904(1)(b); credit look-back § 38-12-904(1)(a)).
Verified Source: C.R.S. § 38-12-904 · last checked 2026-10-16 · Full criminal & credit history rules page
Colorado cities with their own rules
- Arvada landlord rules
- Aurora landlord rules
- Bayfield landlord rules
- Boulder landlord rules
- Broomfield landlord rules
- Carbondale landlord rules
- Centennial landlord rules
- Colorado Springs landlord rules
- Commerce City landlord rules
- Crested Butte landlord rules
- Del Norte landlord rules
- Denver landlord rules
All Colorado landlord-tenant law
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