Colorado Pet Rent Laws: Caps, Deposits, and Assistance Animals

Colorado’s pet rent laws cap monthly pet rent at $35 or 1.5% of your total monthly rent, whichever is higher, and limit refundable pet deposits to $300. These limits come from House Bill 23-1068, codified at C.R.S. § 38-12-106, which took effect January 1, 2024.¹ The caps only apply once a landlord agrees to allow pets. Nothing in the law forces a landlord to accept animals.

Landlords Can Still Say No to Pets

This is the part that catches people off guard. HB 23-1068 does not create a right to have a pet in your rental. A landlord can prohibit animals entirely and refuse to rent to anyone with one. If your lease says “no pets,” the statute gives you no leverage. You would need to negotiate directly with your landlord or look for a pet-friendly property. The only exception involves assistance animals for people with disabilities, covered further down.

How Much Pet Rent a Landlord Can Charge

When pets are allowed, the additional monthly charge is capped at $35 or 1.5% of your monthly rent, whichever produces the larger figure.¹ Multiply your rent by 0.015 and compare it to $35. You pay the higher number, and nothing above it.

A $2,000 unit works out to $30 under the percentage, so the $35 floor controls. A $3,000 unit works out to $45, and $45 becomes the ceiling. If your landlord is charging more than that, the charge exceeds what state law permits.

Multiple Pets

The statute refers to “the tenant’s pet animal” in singular terms, and no official guidance has clarified whether the cap applies per pet or per household.¹ Most landlords are reading the limit as per animal, meaning a tenant with two dogs in a $2,000 unit could be charged $35 for each. Until the legislature or a court settles it, read your lease closely if you have more than one pet.

One-Time Pet Fees

The statute regulates “additional rent” charged as a condition of keeping a pet. It does not clearly address one-time, non-refundable pet fees that some landlords charge at move-in. Colorado law does require the pet deposit itself to be refundable. If a landlord tries to layer a large non-refundable “pet fee” on top of a $300 deposit, that charge could be challenged as an attempt to work around the statutory limits.

The $300 Refundable Pet Deposit

The maximum pet-specific security deposit is $300, and it must be refundable.¹ The cap applies regardless of your pet’s size or breed. If you add a pet during an existing lease, any new deposit still cannot exceed $300. This pet deposit sits on top of your general security deposit; the law treats it as an additional security deposit tied to the animal.

Because the statute classifies the payment as a security deposit, it carries the same protections as your regular deposit. A landlord cannot label a pet deposit “non-refundable” and keep it regardless of whether damage occurred. Any lease clause calling a pet deposit non-refundable conflicts with state law.

Getting Your Pet Deposit Back

Pet deposits follow the same return rules as general security deposits under C.R.S. § 38-12-103. Your landlord has one month after the lease ends or you surrender the unit, whichever happens later, to return the money. A lease can extend that window, but not past 60 days.²

Deductions are allowed only for actual damage beyond normal wear and tear. Pet hair on carpet and minor scuffs do not qualify. Significant staining, chewed woodwork, or gouged flooring would. When keeping any portion, the landlord must send a written statement listing the exact reasons and return the balance. Missing that requirement forfeits the right to keep any of the deposit.²

If a landlord willfully keeps your deposit without justification, you can sue for triple the wrongfully withheld amount plus attorney fees and court costs. You must give at least seven days’ written notice of your intent to file before going to court.² The landlord carries the burden of proving any withholding was justified.

Newer Protections Under HB 25-1249

Colorado added further deposit protections through HB 25-1249, signed in June 2025.³ Several provisions apply to pet deposits along with regular security deposits.

You can request a walk-through inspection with your landlord to identify damage beyond normal wear and tear. If the walk-through happens and the landlord doesn’t document something at the time, they cannot later deduct for it.
Carpet replacement or repainting can only be charged when the damage is substantial, irreparable, beyond normal wear and tear, and did not exist before your tenancy. Even then, the deduction is limited to the minimum amount necessary.
If a landlord demands and keeps an illegally excessive deposit, they must return the excess within seven days of receiving a written demand. Failing to do so makes them liable for triple the excess amount.

The walk-through is especially useful for pet owners. Documenting the unit’s condition jointly at move-out heads off later arguments about whether scratches or stains came from your animal or were already there.

Assistance Animals Are Not Pets

The caps and charges above cover pets. Assistance animals, a category that includes both service animals and emotional support animals, are not pets under federal law, and no pet-related charge is allowed at all.⁴ A landlord cannot charge pet rent, collect a pet deposit, or impose a pet fee for an assistance animal. The animal is a reasonable accommodation for a disability.

The Fair Housing Act definition is broader than the ADA’s and covers emotional support animals in addition to task-trained service animals. If your disability is obvious, a landlord generally cannot ask for documentation. When it is not readily apparent, the landlord can request a letter from your healthcare provider confirming a disability-related need for the animal. HUD has said that certificates sold online to anyone who pays a fee do not reliably establish a legitimate need.⁵

Breed and Size Rules Do Not Apply

Breed bans and weight limits that landlords apply to pets cannot be applied to assistance animals. HUD guidance is explicit that pet policies on breed or size do not extend to assistance animals.⁶ A landlord can only deny a specific assistance animal by showing it poses a direct threat to health or safety that cannot be reduced through other measures. A blanket “no large dogs” or “no pit bulls” policy does not meet that standard.

Misrepresenting a Pet as an Assistance Animal

Colorado criminalizes the intentional misrepresentation of a pet as a service or assistance animal under C.R.S. § 18-13-107.3. Passing off an untrained pet to avoid pet fees is a class 2 petty offense. Fines start at $25 for a first violation and rise to $100 to $500 for a third or subsequent offense. A proven misrepresentation can also result in denial of the accommodation request and potential eviction. Landlords can reference the statute in their leases as a deterrent.

Breed-Based Insurance Discrimination Is Banned

HB 23-1068 also blocks breed-based discrimination in homeowner’s and renter’s insurance. Under C.R.S. § 10-4-110.8(16), an insurance company cannot refuse coverage, cancel a policy, decline to renew, or raise premiums based on the breed of dog living at your home. Insurers cannot even ask what breed your dog is.¹

The one exception is a dog that has been individually declared dangerous under C.R.S. § 18-9-204.5. An insurer can ask about that specific determination and adjust coverage accordingly. Blanket policies excluding pit bulls, Rottweilers, or any other breed are no longer legal in Colorado. This matters for renters because landlords sometimes banned certain breeds only because their insurance required it, and that justification no longer holds.

What Happens to Your Pet During an Eviction

HB 23-1068 also covers what happens to an animal if you are evicted. When an officer executes a writ of restitution, they must inspect the unit for any animals. If you are present, the officer gives your pet directly to you.¹

If you are not home, the officer contacts local animal control to take custody. The landlord must give animal control access to the property to remove or secure the animals, provide your name and contact information, and post a visible notice at the unit telling you where your pet was taken. The law specifically prohibits removing a pet during an eviction and leaving it unattended on any public or private property.

The same bill excludes pets from a landlord’s personal property lien. When a tenant owes unpaid rent, Colorado law allows landlords to place a lien on some belongings left in the unit. Pets are now carved out of that lien alongside items like beds, clothing, and personal records.¹ Your landlord cannot hold your animal as leverage for unpaid rent.

1
Colorado General Assembly. HB23-1068 Pet Animal Ownership in Housing
2
Justia. Colorado Code 38-12-103 – Return of Security Deposit
3
Colorado General Assembly. HB25-1249 Tenant Security Deposit Protections
4
HUD.gov. Assistance Animals
5
HUD.gov. Fact Sheet on HUD Assistance Animals Notice
6
HUD Exchange. Can a Public Housing Agency Restrict the Breed or Size of an Assistance Animal