Colorado landlord-tenant laws, set out mainly in Title 38 of the Colorado Revised Statutes, govern security deposits, habitability, late fees, notice requirements, evictions, and tenant screening for every residential rental in the state, whether the lease is written or verbal. Violations can cost a landlord double or triple damages plus attorney fees, so the details matter on both sides of the agreement.
Security Deposit Limits and Return Deadlines
Colorado caps security deposits at one month’s rent. That limit took effect under HB25-1249, signed by the governor in June 2025; before the change, landlords could collect up to two months’ rent. Blanket move-out charges, like automatic carpet cleaning fees, are not allowed. Any deduction has to reflect actual damage beyond normal wear and tear, and it has to be documented.
After a lease ends or the tenant moves out, the landlord has one month to return the full deposit or send a written statement itemizing exactly what was withheld and why. A lease can extend that deadline up to 60 days, but only if the written agreement says so explicitly.1Justia. Colorado Code 38-12-103 – Return of Security Deposit The remaining balance and the itemized statement go to the tenant’s last known address.
Miss that deadline and the withholding is automatically treated as willful and wrongful. The tenant can recover twice the entire deposit plus reasonable attorney fees.2Justia. Colorado Code 38-12-104 – Return of Security Deposit – Hazardous Condition – Gas Appliance A separate provision allows the tenant to pursue three times the wrongfully withheld amount, but that claim requires giving the landlord a written seven-day notice of intent to sue before filing.1Justia. Colorado Code 38-12-103 – Return of Security Deposit
Late Fees and Rent Increases
Rent is not late in Colorado until the seven-calendar-day grace period passes. Any late fee charged before day eight is unlawful, no matter what the lease says. Once a fee can be charged, it is capped at the greater of $50 or 5% of the past-due rent.3Justia. Colorado Code 38-12-105 – Late Fees
The rules also stop late fees from stacking. Landlords cannot charge interest on a late fee, cannot pile on multiple fees for the same missed payment past the statutory cap, and cannot enforce a fee that isn’t disclosed in the rental agreement. Written notice of the fee has to reach the tenant within 180 days after the rent was due, or the fee is unenforceable.3Justia. Colorado Code 38-12-105 – Late Fees A tenant who spots a violation can send written or electronic notice; the landlord then has seven days to cure. If the problem isn’t fixed, the landlord owes a $50 penalty per violation and the tenant can take the issue to court.
Rent increases work differently depending on whether there is a written lease. For a tenancy without a written lease, the landlord has to give at least 60 days’ written notice before raising the rent, and cannot dodge that requirement by terminating the tenancy and re-renting at a higher price.4Justia. Colorado Code 38-12-701 – Rent Increase Notice Under a written lease, the lease itself controls the timing of increases; the lease terms serve as the notice.
Warranty of Habitability
Every residential lease in Colorado carries an automatic warranty of habitability. The landlord guarantees, from the first day of occupancy through move-out, that the unit is fit for people to live in.5Justia. Colorado Code 38-12-503 – Warranty of Habitability – Notice – Landlord Obligations The warranty cannot be waived in the lease.
A rental fails the standard if it substantially lacks any of the following:
- Weatherproof roof, exterior walls, windows, and doors
- Working plumbing, running water at all times, and hot water sufficient for cleaning and health
- Functioning heating and properly maintained electrical wiring
- Appliances that met code at installation and are kept in working order
- Extermination in response to infestations of rodents, vermin, or insects
- Locks on all exterior doors and security devices on openable windows
- Common areas kept clean and free of accumulated debris
- Freedom from dampness-related mold that would materially affect health or safety if left unaddressed
The statute also covers floors, stairways, railings, garbage receptacles, and compliance with applicable building and health codes.6Justia. Colorado Code 38-12-505 – Uninhabitable Residential Premises
Repair Response Deadlines
The tenant triggers the repair obligation by sending written or electronic notice. For a condition that materially interferes with life, health, or safety, the landlord has 24 hours to begin remedial action.7Colorado General Assembly. HB19-1170 Residential Tenants Health and Safety Act For a condition that makes the unit uninhabitable but doesn’t pose an immediate safety threat, the deadline is 96 hours. Mold falls into the 96-hour category, with the landlord required to contain the mold, stop the water source feeding it, and install HEPA filtration. If the landlord misses either deadline, the tenant can sue for damages or ask a court to order the repairs.
Notice to End a Tenancy
Ending a Colorado tenancy requires written notice served before the current term ends. The required notice depends on how long the tenancy has run:
- One year or longer: at least 91 days
- Six months to less than one year: at least 28 days
- One month to less than six months: at least 21 days
The same periods apply to landlords and tenants.8Justia. Colorado Code 13-40-107 – Notice to Terminate Tenancy
The Eviction Process
A landlord cannot skip straight to eviction when a tenant violates the lease. The first step is a Demand for Compliance, which gives the tenant 10 days to fix the problem or move out.9Colorado Judicial Branch. JDF 99 A – Demand for Compliance The notice has to identify the specific violation, and if the issue is unpaid rent, it has to state the exact amount owed. A notice that leaves out required information can sink the eviction.
If the tenant doesn’t cure within 10 days and doesn’t leave, the landlord files an Eviction Complaint and Eviction Summons in court along with a copy of the notice.10Colorado Judicial Branch. Residential Evictions Colorado charges no filing fee for eviction cases.11Colorado Judicial Branch. List of Fees A process server or sheriff delivers the summons, and the hearing must be set no fewer than seven days and no more than 14 days after the summons is issued.12FindLaw. Colorado Code 13-40-111 – Summons
If the landlord wins, the next step is a Writ of Restitution, which the landlord can request only after at least 48 hours have passed since judgment.13Justia. Colorado Code 13-40-122 – Writ of Restitution After Judgment The writ authorizes physical removal of the tenant and their belongings, and only a sheriff, undersheriff, or deputy sheriff can carry it out. Anything else, like changing locks or shutting off utilities, is an illegal self-help eviction.
Retaliation Protections
Colorado forbids landlords from retaliating against tenants who use their legal rights. Protected activity includes filing a good-faith habitability complaint with the landlord, a government agency, or a nonprofit; joining or organizing a tenants’ association; and pursuing any remedy under the habitability statutes.14Justia. Colorado Code 38-12-509 – Prohibition on Retaliation
Prohibited responses include raising rent, cutting services, terminating or refusing to renew the lease, threatening or filing an eviction, and imposing any new fee or penalty. A tenant doesn’t have to prove retaliation was the sole reason. Showing it was a motivating factor is enough. Successful retaliation claims can recover up to three months’ periodic rent or three times actual damages, whichever is greater, plus attorney fees and costs, and the tenant can terminate the lease. Retaliation is also available as a defense in an eviction case, including one filed after the tenant stopped paying following a retaliatory increase.14Justia. Colorado Code 38-12-509 – Prohibition on Retaliation
Landlord Entry
Colorado has no statute setting a mandatory notice period before a landlord enters. That surprises tenants who have lived in states with fixed 24- or 48-hour rules. Entry in Colorado is governed by the lease. A well-drafted lease sets out when the landlord can enter, how much notice is required, and whether the tenant must be present.
If the lease is silent on entry, the tenant has exclusive use and is not obligated to let the landlord in. A tenant who blocks all access can, however, become liable for damage that results from delayed maintenance, including damage to neighboring units. Emergencies are the clear exception: for a burst pipe, gas leak, or similar threat, the landlord can enter without notice. Non-emergency entry without permission, or entry beyond what the lease allows, can expose the landlord to harassment or breach-of-lease claims.
Application Fees and Source-of-Income Protections
Landlords can charge an application fee, but the fee is limited to the actual cost of processing the application. There is no fixed dollar cap. The charge can reflect the actual expense for a specific applicant or the landlord’s average processing cost across applications. Any unused portion has to be refunded, with a good-faith effort to send it within 20 calendar days.15Justia. Colorado Code 38-12-903 – Rental Application Fee – Limitations
Colorado also prohibits housing discrimination based on source of income, which covers government assistance, housing vouchers, and any lawful source of funds. Landlords cannot refuse to show, rent, or lease a unit because of where the tenant’s income comes from, and they cannot advertise income-source preferences or restrictions. A limited exception applies to landlords who own three or fewer rental units. Landlords who own five or fewer single-family rental homes, and no more than five units in total, are not required to accept federal Housing Choice Vouchers for those single-family properties.16Colorado General Assembly. HB20-1332 Prohibit Housing Discrimination Source of Income