Published 2026-09-25 · 24 min read

Colorado Landlord-Tenant Law 2026: The Plain-English Guide

Colorado has rewritten large parts of its landlord-tenant law in five waves — the 2021 reforms, the 2023 deposit cap and portable screening laws, the April 2024 for-cause eviction act (HB 24-1098), the May 2024 safe-housing act (SB 24-094), and the 2025 security-deposit amendments (effective January 1, 2026). A guide written from pre-2023 law is wrong on the deposit cap, no-fault termination, late fees, and repair-and-deduct. The headline numbers for 2026: a two-month deposit cap, a 30-day deposit return (60 only if the lease says so), a 10-day demand for nonpayment and curable violations (5 days for a narrow class of exempt small-landlord agreements), cause required to end most tenancies of a year or more, 90 days' notice for every no-fault ground, late fees capped at the greater of $50 or 5% of the past-due rent and only after rent is seven calendar days late, and habitability clocks of 24 and 72 hours for starting remedial action.

The short version: Never collect more than two months' rent as a deposit (plus at most $300 more as a refundable pet deposit). Return it with an exact-reasons statement within 30 days after termination or surrender, whichever is later — 60 only if the lease specifies more. Serve demands on the 10-day clock (5 days only for an exempt residential agreement). Do not end a covered tenancy of twelve months or more without statutory cause; give 90 days for any no-fault ground. Charge a late fee only if the lease discloses it, only after seven calendar days, and never above the greater of $50 or 5% of the past-due payment. Treat every habitability notice as a 24/72-hour clock. Raise rent at most once in any twelve months of consecutive occupancy, with 60 days' written notice when there is no written agreement. Never use self-help.

Colorado law at a glance

When the clocks actually start

Colorado deadline disputes are usually counting disputes. Five counting rules decide most of them:

The deposit clock needs termination OR surrender — whichever happens last. Under CRS 38-12-103(1)(a), as amended effective January 1, 2026, return the full deposit within thirty days after termination of the lease or surrender of the premises, whichever occurs last, unless the lease specifies a longer period, capped at sixty days. (The pre-2026 text said "one month"; the current text is thirty days.) Log both dates: a lease ended on paper while the tenant still holds the unit has not started your clock, and neither has an early surrender under a lease that has not terminated.

The demand clocks run from service. The CRS 13-40-104 periods run from when the written notice is duly served under CRS 13-40-108. Prove the service date and method for every demand; an unprovable service date is a dismissal risk in the FED case that follows.

The late-fee clock is seven calendar days from the due date. CRS 38-12-105(1)(a) bars a fee unless the payment is late by at least seven calendar days — a lease can be more generous, never less. The fee must also be noticed in writing within 180 days after the due date or it cannot be charged at all (CRS 38-12-105(1)(j)).

The no-fault clock runs from receipt of a compliant notice. Every CRS 38-12-1303(3) ground gives the tenant at least ninety days after receiving a written notice stating the legal and factual basis (CRS 38-12-1303(5)(b)), in possession on the same terms. A notice naming the wrong ground, omitting the required project description, or short-counting the ninety days does not start a valid clock.

The habitability clocks run from the landlord's notice of the condition. Breach under CRS 38-12-503 requires that the landlord has notice; the 24/72-hour periods run from it. Date-stamp every tenant communication the hour it arrives — your file should prove when you knew.

Our Security Deposit Deadline Finder computes deposit deadlines from the trigger dates for you.

How much can a Colorado landlord charge as a security deposit, and when must it be returned?

The cap. Since August 7, 2023, CRS 38-12-102.5 has barred a security deposit exceeding two monthly rent payments. The old "no state cap" statement is now the most dangerous sentence in older Colorado guides. One narrow exception is coming: under SB 26-054, signed April 20, 2026, the cap will not apply on or after January 1, 2027 to a post-closing occupancy agreement in which the landlord bought the residence from the tenant — never to an ordinary tenancy.

Pet money is separately capped. Under CRS 38-12-106, an additional pet deposit may not exceed $300 and must be refundable; additional pet rent may not exceed the greater of $35 per month or 1.5% of monthly rent. Assistance animals are not pets: charging pet money for one is a fair-housing problem on top of a fee violation.

What you may keep it for. As amended for 2026, CRS 38-12-103(1)(b) allows retention of reasonable amounts only for: nonpayment of rent; nonpayment of utility charges; nonpayment of other lawful charges listed in the lease; or necessary repair work for damage exceeding normal wear and tear that did not preexist the tenancy. No retention for normal wear and tear or for a preexisting condition (CRS 38-12-103(1)(a)); a lease provision charging the tenant for such work is void (CRS 38-12-103(7)(b)).

The walk-through right. New subsection (1.5) lets either party request a walk-through — in person, or telecommunication-assisted if reasonable and practicable — to identify in writing damage beyond wear and tear that did not preexist the tenancy. On the tenant's request the landlord shall provide one, at a mutually convenient time, before termination or surrender and after furniture is out. The findings become the spine of your itemization. See our security deposit deductions guide and the dedicated Colorado security deposit law page.

Carpet and paint limits. New subsection (11) restricts the two most abused categories: no actual cause to retain for carpet replacement throughout a unit absent substantial, irreparable damage beyond wear and tear that did not preexist the tenancy (the same test applies area-by-area), and carpet is not deemed substantially and irreparably damaged if it has not been replaced with new carpet within the ten years before termination or surrender. The same structure governs repainting the entire interior.

What you must send, and when. If any portion is retained, deliver a written statement listing the exact reasons, with the balance (CRS 38-12-103(1)(a)). Sending the statement, payment, and required documentation to the tenant's last known address — or an email address the landlord has actual notice of, with payment by mail or, with the tenant's consent, secured electronic transfer under subsection (10) — is deemed compliance. For terminations on or after January 1, 2026, a tenant's written request obliges the landlord to provide the relevant documentation in its possession or control — photographs, inspection forms, receipts, invoices, estimates — within fourteen days (CRS 38-12-103(8)). A refund returned from the last known address must be held at least one year and disbursed within fifteen days of the tenant's request (CRS 38-12-103(9)).

What it costs when you don't. The 2025 amendments rebuilt the penalty structure, and it is harsher and more mechanical than the old "bad faith = treble" shorthand:

• Forfeiture. A landlord who fails to comply, or otherwise wrongfully withholds any portion, forfeits all rights to withhold (CRS 38-12-103(2)).
• Deemed wrongful. Withholding is deemed wrongful if the statement is late, the statement fails to list exact reasons, the balance is not returned on time, or the retention is in bad faith (CRS 38-12-103(2.5)).
• Bad faith, defined. Retention is in bad faith if it unreasonably exceeds actual damages, lacks actual cause, is an amount the landlord knew or should have known exceeded actual damages, or is retained for an unlawful, retaliatory, or discriminatory purpose. Retention at 125% or more of actual damages is presumed unreasonable (CRS 38-12-103(3.5)).
• Treble damages. Wrongful retention means liability for treble the amount wrongfully withheld, plus reasonable attorney fees and court costs (CRS 38-12-103(3)(a)) — measured on the portion wrongfully withheld, not the whole deposit. The tenant must first demand return and give notice of intent to file at least seven days before filing, and may sue only if the amount is not returned within seven days after that demand (CRS 38-12-103(3)(a), (c)).
• Burden on the landlord. The landlord must prove the withholding was not wrongful, the section was complied with, and the amount of actual damages (CRS 38-12-103(3)(b), (3.5)(c)). A good-faith landlord who otherwise complied but retained more than actual damages owes only the excess plus court costs (CRS 38-12-103(3.5)(d)).

What can a Colorado landlord charge for application fees and screening?

Application fees are cost-recovery, not profit (CRS 38-12-903). No application fee unless the entire amount covers processing costs, measured by actual expense or the average across multiple applications. The amount must be the same for every applicant for the same unit — and, if several units are offered at once, across those units. The landlord must disclose the anticipated expenses or itemize actual expenses, including how an average-based fee was determined.

Portable tenant screening reports must be accepted (CRS 38-12-904(1.5)). Except in the circumstances the subsection carves out, a landlord shall accept a portable screening report. The landlord may require that it was completed within the previous thirty days, is available at no cost to the landlord, and comes with the tenant's statement of no material change (name, address, bankruptcy status, criminal history, eviction history) since it was generated. No fee to access or use the report — and under CRS 38-12-903(2)(b), no application fee at all when the applicant provides one. Before screening in a way that would ordinarily trigger a fee, the landlord must advise prospective tenants of the right, in a location and by a method reasonably likely to reach them: build it into the listing and application page, not just the lease file.

CRS 38-12-904(1) also limits what a landlord may consider — including rental history, criminal and arrest records, and income information — and requires a denial notice on rejection. Screen against the same written criteria for every applicant. Our tenant screening guide covers the federal overlay.

How often can a Colorado landlord raise the rent, and what are the late-fee rules?

No rent control — and no local rent control either. CRS 38-12-301 bars counties and municipalities from controlling rent on private residential property, and there is no cap on the amount of an increase. What Colorado regulates instead is frequency and notice:

• Once a year (CRS 38-12-702). A landlord shall not increase rent more than one time in any twelve-month period of consecutive occupancy — regardless of written agreement, length of tenancy, or term type. A mid-term increase written into a lease still counts if it is the second increase inside the same twelve months.
• 60 days' notice where there is no written agreement (CRS 38-12-701(2)). Without a written agreement, rent may be increased only on at least sixty days' written notice, and the landlord may not terminate the tenancy to evade the rule. With a written agreement, the statute sets no notice period of its own — the lease and the once-a-year rule govern, so written leases should state the increase-notice period expressly.
• Mobile home parks are different. Park rent requires sixty days' written notice to the home owner, with the ownership disclosures CRS 38-12-204(2) requires, under the Mobile Home Park Act rather than most of this guide.

See how to raise rent legally.

Late fees are a code, not a lease custom (CRS 38-12-105). The old advice — fees "must be in the lease and reasonable" — understates a detailed statute. A landlord (or the landlord's agent) shall not:

1. Charge a fee unless the payment is late by at least seven calendar days.

2. Charge more than the greater of $50 or 5% of the past-due rent payment.

3. Require payment of a fee not disclosed in the rental agreement.

4. Remove or exclude a tenant, start a court removal process, or terminate a tenancy because the tenant failed to pay late fees.

5. Impose a fee on the portion of rent a rent subsidy provider, rather than the tenant, must pay, when that portion is late or unpaid.

6. Impose a fee more than once for each late payment beyond the subsection (1)(b) cap in total.

7. Require interest on a late fee.

8. Recoup a fee from a rent payment — a tenant's payment cannot be applied to fees ahead of rent.

9. Charge a fee without written notice of it within 180 days after the due date.

A noncompliant lease provision is void (CRS 38-12-105(2)), and the section attaches penalties and an unfair-or-deceptive-trade-practice remedy to violations. Audit your lease form and ledger software: the two common failures are per-day fees that exceed the cap in total, and payment-application settings that satisfy fees before rent — both are violations even when the tenant never complains.

Colorado has no rent cap today, but local proposals surface regularly — our free Rent Cap Checker tracks which states and cities cap increases, so you can confirm the current rule before you set a new rent.

How much notice is required to end a tenancy in Colorado? (CRS 13-40-107)

The ladder (CRS 13-40-107). A tenancy may be terminated by written notice served not less than the following period before the end of the applicable tenancy: 91 days (one year or longer); 28 days (six months to under a year); 21 days (one to six months); 3 days (one week to under a month, or at will); 1 day (under one week). No notice to quit is needed where the term ends at a time certain by agreement. The old guide presented the 21-day rung as the month-to-month rule; for longer tenancies Part 13, below, is the operative system.

Cause is required (CRS 38-12-1302, 38-12-1303). Since April 19, 2024, Part 13 has applied statewide, subject to listed exemptions. For a covered tenancy, a landlord shall not serve a notice to terminate or a demand for possession, or proceed with an unlawful-detainer action, unless there is cause (CRS 38-12-1303(1)): the CRS 13-40-104 grounds — nonpayment, substantial violation, material or repeat violation, nuisance or interference with quiet enjoyment, and the other listed grounds — plus the no-fault grounds in CRS 38-12-1303(3). Part 13 does not apply to, among others: short-term rental property; a unit in a small property (single-family home with or without an accessory unit, duplex, or triplex — not a multifamily property of four or more units) where the owner or master tenant lives in the premises, or in an adjacent property, as a primary residence; a mobile home space leased to a home owner (or under a lease-to-own or purchase-option agreement); employer-provided housing; a tenant who has not been a tenant for at least twelve months; and a tenant not known to the landlord to be a tenant (CRS 38-12-1302(1)). Calendar the twelve-month line: a tenancy that begins outside Part 13 walks into it on its first anniversary.

The no-fault grounds (CRS 38-12-1303(3)). At the end of the term — and only then — a landlord may initiate a no-fault eviction on these grounds, each requiring proper service of a basis-stating written notice and at least ninety days in possession on the same terms (CRS 38-12-1303(5)):

• Demolition or conversion — demolish the premises, convert it to a nonresidential use, or convert it to a short-term rental property. The notice must include the vacate date and a description and timeline of the project, with a material demonstration of the proposed start, such as a permit or permit application.
• Substantial repairs or renovations — permitted-system work or hazardous-materials abatement (lead paint, mold, asbestos) that cannot reasonably be done safely with the tenant in place and requires at least sixty days' vacancy. Cosmetic work and minor repairs do not qualify. The landlord must give an expected completion date and description, proceed without unreasonable delay, and — for projects expected to last less than 180 days — honor the tenant's first right of refusal on a new agreement with reasonable terms if the tenant responds within ten days of the completion notice. This ground may not rest on repairs required to remedy a habitability breach, or on retaliation.
• Landlord or family occupancy — the landlord or a family member moves in as a residence within three months after the tenant vacates (forty-five days' notice instead of ninety for an individual landlord on active military duty, or their spouse); no substantially equivalent unit in the same building is vacant and available; no rental listing for at least ninety days afterward.
• Withdrawal for sale — a single-family home, townhome, duplex, triplex, or individual condominium unit is withdrawn from the rental market to be sold; no rental listing for at least ninety days after the vacate date, unless the premises was listed for sale on a multiple-listing service after that date.
• Refusal of a reasonable new lease — at the end of a lease period, the tenant refuses to sign a new rental agreement with reasonable terms; at least ninety days after the refusal and notice.
• History of nonpayment — rent submitted late more than two times during the agreement, where "late" means more than ten calendar days after the due date with proper service of a CRS 13-40-104(1)(d) notice; payments made within the cure period do not count.

Relocation assistance is the price of a defective no-fault eviction (CRS 38-12-1304). Proceeding without complying with CRS 38-12-1303 costs two months' rent, plus one additional month if a minor, a person aged sixty or older, a person with income at or below 80% of area median income, or a person with a disability resides in the premises when the notice is given (subject to the section's own exemption). A Part 13 violation is also a defense in the eviction case. Treat the notice file — ground, facts, service proof — as the case file from day one.

What eviction demand must a Colorado landlord serve? (CRS 13-40-104)

An unlawful detention exists only after the correct written notice has been duly served and the period has run. Colorado's residential tracks:

Nonpayment — 10 days (CRS 13-40-104(1)(d)). After a rent default, serve written notice requiring, in the alternative, payment of the rent or possession within ten days. Exceptions: three days for a nonresidential or employer-provided housing agreement, and five days for an exempt residential agreement — a single-family lease by a landlord who owns five or fewer single-family rental homes and states in the agreement that the ten-day period does not apply (CRS 38-12-102(1)). No statement in the lease, no five-day track. The notice requirement itself cannot be waived.

Material lease violations — 10 days to comply or quit (CRS 13-40-104(1)(e)). Holding over contrary to a material condition or covenant supports possession after ten days' written notice requiring compliance or delivery of possession; compliance within the period defeats the ground. Same exceptions: three days nonresidential/employer housing, five days exempt.

Repeat violations — 10 days, no cure (CRS 13-40-104(1)(e.5)). If substantially the same violation recurs after a proper prior notice, termination is effective ten days after a written notice to quit (five days exempt; three nonresidential/employer housing), with no opportunity to cure. The ground exists only if the first notice was proper and documented; keep the cure log.

Substantial violations — 3 days, no cure (CRS 13-40-104(1)(d.5), 13-40-107.5). Conduct defined by CRS 13-40-107.5 — such as a violent or drug-related felony on or near the premises, or an act substantially endangering others or the property — runs on that section's three-day notice, with no cure right.

The court case. After the period runs without cure or surrender, file a forcible entry and detainer (FED) action under Title 13, Article 40 in the county where the premises sits. Full process: how to evict a tenant. Self-help is unlawful throughout: CRS 38-12-510 bars removing or excluding a tenant without court process, outside narrow exceptions. Lockouts and utility interruption are liability, not shortcuts.

What does Colorado's warranty of habitability require a landlord to do?

The warranty (CRS 38-12-503(1)). Every rental agreement is deemed to warrant that the premises is fit for human habitation at the start of the tenancy and will be maintained fit. The warranty cannot be waived or modified — an attempt is void as contrary to public policy (as amended by SB 24-094). A lease clause shifting habitability to the tenant does no work.

What "uninhabitable" means (CRS 38-12-505). A premises is deemed uninhabitable if it substantially lacks any listed characteristic, in summary: waterproofing and weather protection, including unbroken windows and doors; conforming plumbing, gas, and electrical systems in good working order; running water and reasonable hot water, connected to an approved sewage system; functioning heat; clean, sanitary common areas and premises-wide extermination for rodent or vermin infestation; adequate exterior garbage receptacles; floors, stairways, and railings in good repair; working locks on exterior doors and openable windows; and compliance with codes whose violation would endanger life, health, or safety. The 2025 amendments added mold associated with dampness and other dampness-causing conditions that would materially interfere with health or safety if not remedied, excluding only minor mold on moisture-accumulating surfaces as part of their proper functioning.

When the warranty is breached (CRS 38-12-503(2)). Breach requires (a) the premises is uninhabitable under CRS 38-12-505, or in a condition materially interfering with life, health, or safety; and (b) the landlord has notice and then fails to commence remedial action within 24 hours (life/health/safety) or 72 hours (uninhabitable), or commences but does not continue the work, or does not complete it within a reasonable time. A rebuttable presumption of failure arises if, among other triggers, the landlord does not communicate within the statutory response window, or the condition persists 7 calendar days after notice (life/health/safety) or 14 calendar days (uninhabitable). Rebuttal is by a preponderance of the evidence — for example, completion prevented by circumstances outside the landlord's reasonable control, or entry unreasonably denied. Keep records to that standard: how to handle maintenance requests.

Alternative housing (CRS 38-12-503(4)). For life/health/safety conditions, remedial duties include a comparable unit at no cost, or a hotel room at no cost, with the same number of beds; beyond 48 hours it must include a refrigerator with freezer and a range or oven, or a meal per diem at no less than the state employee per diem. It is a statutory cost of a slow response, not a courtesy.

The tenant's remedies (CRS 38-12-507). On a breach, the tenant may exercise one or more of the following:

1. Terminate without penalty if the condition remains unremedied, on ten to sixty days' written notice stating the condition, the intent to terminate and vacate, and a date at least ten days after the notice. If the landlord acts before that date, the parties may agree in writing to rescind and continue on the existing agreement.

2. Terminate on recurrence: if the same condition recurs within six months after it was remedied, the tenant may terminate without penalty by giving, within thirty days after the recurrence, at least ten days' written notice identifying the recurrence and a date at least ten days out.

3. Repair and deduct (CRS 38-12-507(1)(c)) — the remedy the old page mis-described. The tenant may deduct the repair cost from one or more rent payments if (A) the tenant gives at least ten days' advance written notice of intent to hire a licensed or otherwise qualified professional — only 48 hours for a condition the tenant in good faith believes materially interferes with life, health, or safety; (B) the landlord fails to sufficiently remedy within that period, or fails to provide the comparable unit or hotel; (C) the professional is not a relative of the tenant and provides an industry-consistent estimate; (D) the tenant actually hires that professional; and (E) the tenant documents the cost with a receipt, invoice, or proof of payment within a reasonable time, or within thirty days after the landlord requests it. A tenant may instead replace a broken appliance and deduct on three days' advance written notice, if the landlord fails to repair or replace and the replacement is of comparable quality and features. One notice suffices for deductions spread over multiple periods. No dollar cap appears in CRS 38-12-507(1)(c) — the old "$10,000 or half a month's rent" figure could not be verified in the current statute and should not be relied on. Your control is temporal: respond inside the 24/72-hour clocks and the deduction right never matures. A court shall award double the amount unlawfully deducted if the tenant purposely deducted in bad faith.

4. Damages: actual damages directly arising from the breach, including any reduction in the fair rental value of the unit while it was uninhabitable, plus court costs, reasonable attorney fees, punitive damages, and any other damages the court orders — as a claim, counterclaim, or defense.

5. Injunctive relief, including specific performance and immediate restraining orders; a unit vacated after such an order may not be re-rented until it complies. The breach may also be raised as an affirmative defense to a possession or rent action, without posting a bond, accruing repair expenses, or exercising any other remedy first.

Retaliation (CRS 38-12-509). Retaliation for exercising habitability rights or other protected activity is prohibited — and it also destroys the substantial-repairs no-fault ground. After any complaint, sequence every rent, service, and notice decision as if it will be read next to the complaint date, because it will be.

Entry rights

Colorado has no general state statute setting an entry-notice period for ordinary entries — the old page said so, and a fresh review of Title 38, Article 12 confirms no general provision has been added. Entry is governed by the lease and quiet enjoyment. The working standard remains: write 24 hours' notice (48 is safer for non-emergencies), reasonable times, and stated purpose into the lease, and follow it exactly; document emergencies as emergencies. One qualification: a tenant who unreasonably denies entry for remedial work gives the landlord a rebuttal to the habitability presumption under CRS 38-12-503, so make repair entry requests in writing with the appointment window stated, and log every entry.

Denver: the extra layer

• Rental license required. Under Denver's residential rental property program (Department of Licensing and Consumer Protection), all landlords who rent any dwelling unit — single home or multifamily — in Denver for 30 days or more must hold a residential rental license. Unlicensed properties face fines and citations and are considered unlicensed until the license issues. Licensing runs through a passing inspection by a qualified third-party inspector (multiunit properties: a sample of units) and a timely application; licenses are generally good for four years unless ownership changes. Narrow exemptions exist — for example, an owner living on-site who rents a space without its own kitchen and bathroom; hotels and short-term rentals sit under different license types.
• Written lease and tenant-rights notice. Denver requires a written lease for new tenancies over 30 days, and delivery of the city's Denver Tenant Rights and Resources notice at signing — and again if a rent demand is served.
• No local just-cause ordinance — because the state did it. The old page called Denver just-cause proposals "debated"; Part 13 has imposed cause requirements statewide since April 2024, Denver included.

Worked examples

Deposit return — the 30-day clock and the treble measure. Rent is $1,800 a month; the deposit is $3,600, exactly the two-month cap. The lease terminates and the tenant surrenders on Wednesday, September 30, 2026. The lease is silent on the return period, so the statement and balance are due by Friday, October 30, 2026. Documented deductions: $300 unpaid rent, $225 for carpet replacement in one room (new carpet four years earlier; damage substantial, irreparable, beyond wear and tear), $180 wall repair beyond wear and tear, $210 contracted cleaning — $915 total. Balance due with the exact-reasons statement: $2,685. Had the lease specified sixty days, the deadline would be Sunday, November 29, 2026 — never later. Had the landlord mailed nothing and kept the full $3,600, exposure after an unmet seven-day pre-suit demand would be treble the amount wrongfully withheld — up to $10,800 — plus fees and costs, with the burden on the landlord.

Nonpayment — the 10-day demand and the 7-day fee clock. Rent of $1,800 is due Sunday, March 1, 2026, and is not paid. No fee may be charged until the payment is at least seven calendar days late — earliest fee date here, Monday, March 9, 2026 — and the fee, if the lease discloses one, is capped at the greater of $50 or 5% of $1,800: $90. The landlord serves the CRS 13-40-104(1)(d) demand on Monday, March 2, 2026; the tenant must pay in full or deliver possession by Thursday, March 12, 2026. Paying the $1,800 within the window cures; the landlord may not terminate or sue over the unpaid $90 fee, nor apply a later rent payment to the fee ahead of rent. With five or fewer single-family rentals and the lease statement that the ten-day period does not apply, the exempt track would have made the demand five days.

No-fault termination — the 90-day clock. A covered tenant of three years is on a lease ending in the summer; the landlord will withdraw the single-family home and sell it. A compliant notice served Monday, June 1, 2026, stating the legal and factual basis (CRS 38-12-1303(3)(d)), gives at least ninety days on the same terms: earliest lawful vacate date Sunday, August 30, 2026, and no rental listing for ninety days after that date (a for-sale MLS listing is permitted). Serve it on the old page's 21-day figure and the eviction fails — with relocation assistance of two months' rent (three, if a CRS 38-12-1304 protected resident lives in the home) as the price of proceeding anyway.

Colorado compliance checklist

1. At pricing: deposit at or under two months' rent (CRS 38-12-102.5); pet deposit at most $300 refundable, pet rent at most the greater of $35 or 1.5% of rent (CRS 38-12-106); never charge pet money for an assistance animal.

2. At application: uniform, cost-based fee only, with the expense disclosure; post the portable-report advisement where applicants will see it; accept qualifying reports and charge no fee when one is provided (CRS 38-12-903, 38-12-904).

3. In the lease: disclose the late fee; state the deposit return period (30 days, or a specified period up to 60); state the entry procedure; and, if you will use the five-day demand track, include the CRS 38-12-102(1) statement that the ten-day period does not apply — decided at signing, not after a default.

4. At move-in: dated condition record with photos, kept with the deposit ledger — the 2026 statute bars retention for anything preexisting, and the record is your proof.

5. On a walk-through request: schedule it, mutually convenient, before termination or surrender and after furniture is out; record findings in writing (CRS 38-12-103(1.5)).

6. On rent: at most one increase in any twelve months of consecutive occupancy; sixty days' written notice where there is no written agreement; never terminate to evade the notice rule (CRS 38-12-701, 38-12-702).

7. On late rent: seven calendar days before any fee; cap at the greater of $50 or 5% of the past-due payment; written fee notice within 180 days; never evict, terminate, or re-allocate payments over a fee (CRS 38-12-105).

8. On maintenance: every habitability notice is a clock — commence action in 24 hours (life/health/safety) or 72 hours (uninhabitable), communicate within the statutory window, arrange the comparable unit or hotel where required, and keep the records that rebut the presumption (CRS 38-12-503).

9. On termination: Part 13 first — twelve months or more means cause is required; use the CRS 13-40-107 ladder only where it applies; for no-fault grounds, serve a basis-stating notice with at least ninety days and keep service proof (CRS 38-12-1302, 38-12-1303).

10. At move-out: exact-reasons statement and balance within thirty days (or the lease's longer period, up to sixty); answer a written documentation request within fourteen days; never retain for wear and tear or preexisting conditions; never use self-help — possession only through an FED judgment (CRS 38-12-103, 38-12-510).

Frequently Asked Questions

How much security deposit can a Colorado landlord charge in 2026?

At most two months' rent, under CRS 38-12-102.5 — the cap has applied since August 7, 2023, and the "no state cap" statement in older guides is stale. A separate refundable pet deposit of up to $300 is allowed under CRS 38-12-106. Check a planned deposit against Colorado's two-month cap with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

How long does a Colorado landlord have to return a security deposit?

Thirty days after termination of the lease or surrender of the premises, whichever occurs last, under CRS 38-12-103(1)(a) as amended effective January 1, 2026 — unless the lease specifies a longer period, capped at sixty days. Any retention requires a written statement listing the exact reasons, delivered with the balance.

What happens if a Colorado landlord wrongfully withholds a deposit?

The landlord forfeits all rights to withhold (CRS 38-12-103(2)) and faces treble the amount wrongfully withheld, plus reasonable attorney fees and court costs (CRS 38-12-103(3)(a)). The tenant must first demand return and give notice of intent to file at least seven days before suing; the landlord bears the burden of proving the withholding was proper.

How much notice is required to evict for nonpayment of rent in Colorado?

A written demand under CRS 13-40-104(1)(d): ten days after service to pay or deliver possession — five days for an exempt residential agreement (a single-family lease by a landlord with five or fewer single-family rentals whose lease states the ten-day period does not apply), three days for nonresidential or employer-provided housing.

Can a Colorado landlord end a month-to-month tenancy without a reason?

Generally no, once the tenant has been in place twelve months or more and Part 13 applies: CRS 38-12-1303 requires statutory cause, and every no-fault ground requires at least ninety days' written notice stating the legal and factual basis. Shorter and exempt tenancies terminate on the CRS 13-40-107 ladder (91, 28, 21, 3, or 1 days by length of tenancy). The flat 21-day figure in older guides is only one rung of that ladder.

How much can a Colorado landlord charge in late fees?

Only if the fee is disclosed in the rental agreement, only once the payment is at least seven calendar days late, and no more than the greater of $50 or 5% of the past-due payment (CRS 38-12-105). No interest on a fee, no applying a rent payment to a fee, and no termination or possession suit over unpaid fees.

How often can a Colorado landlord raise the rent?

At most once in any twelve-month period of consecutive occupancy, whatever the tenancy type or written agreement (CRS 38-12-702). Without a written agreement, an increase also requires at least sixty days' written notice (CRS 38-12-701(2)). There is no cap on the amount, and CRS 38-12-301 bars local rent control on private residential property.

Can a Colorado tenant repair a habitability problem and deduct the cost from rent?

Yes, but only through the exact procedure in CRS 38-12-507(1)(c): a habitability breach; at least ten days' advance written notice of intent to hire a licensed or otherwise qualified professional (48 hours for a condition the tenant in good faith believes materially interferes with life, health, or safety); the landlord's failure to remedy within that period or provide the required comparable housing; an unrelated professional with an industry-consistent estimate; and documented cost. The statute states no dollar cap — the "$10,000 or half a month's rent" figure in older guides does not appear in CRS 38-12-507.

Read the rules yourself

• CRS 38-12-103, Return of security deposit (2025) — Justia (law.justia.com)
• CRS 13-40-104, Unlawful detention defined (2025) — Justia (law.justia.com)
• CRS 38-12-507, Breach of warranty of habitability — tenant's remedies (2025) — Justia (law.justia.com)
• CRS 38-12-1303, Cause for eviction required — no-fault evictions (2025) — Justia (law.justia.com)
• HB 24-1098 bill text — Colorado General Assembly (leg.colorado.gov)
• Residential rental property licensing — City and County of Denver (denvergov.org)

More landlord-tenant law guides

• Landlord-tenant law by state
• California landlord-tenant law
• Connecticut landlord-tenant law
• Arkansas landlord-tenant law
• Delaware landlord-tenant law

If you own (or are buying) rentals in more than one state, these rules change at every border. The 50-State Landlord Law Dataset puts deposit caps, deadlines, and eviction notice periods for all 50 states into one CSV/JSON file built to drop straight into ChatGPT or Claude:

50-State Landlord Law Dataset (CSV + JSON): Buy on Gumroad →

This is general information, not legal advice. Denver has local licensing and inspection requirements — consult a Colorado landlord-tenant attorney for specific situations.

Last verified: October 16, 2026.