Colorado Rental Laws: Deposits, Evictions, and Repairs

Colorado rental laws set firm limits on what landlords can charge, require them to keep units habitable on tight repair deadlines, and, since 2024, prohibit ending a residential tenancy without a specific legal reason. The rules live mainly in Title 38, Article 12 of the Colorado Revised Statutes, with eviction procedure in Title 13, Article 40. Penalties for getting them wrong are steep, and the deadlines don’t bend.

Security Deposits

A landlord cannot collect more than two months’ rent as a security deposit. That cap, in C.R.S. § 38-12-102.5, took effect in 2023 and overrides anything the lease says.

After the tenancy ends, the landlord has one month to return the deposit. The lease can extend that window, but never past 60 days.¹ If any amount is kept back for damage beyond normal wear and tear, the tenant has to receive a written, itemized statement showing what was deducted and why.

Two separate penalties enforce this. Under § 38-12-103, a landlord who willfully withholds deposit money can be ordered to pay three times the wrongfully withheld amount, plus the tenant’s attorney fees and court costs.¹ Under § 38-12-104, if the tenant never receives either the deposit or the required written statement within the return window, the landlord owes twice the full deposit plus reasonable attorney fees.² Before suing for treble damages, the tenant must give seven days’ written warning. Tenants should provide a forwarding address after moving out so the landlord has somewhere to send the refund.

Late Fees

Under C.R.S. § 38-12-105, a landlord cannot charge any late fee until rent is at least seven calendar days overdue. After that, the fee is capped at $50 or five percent of the past-due rent, whichever is greater.³ A late fee is not rent, and a lease cannot reclassify it as rent to build an eviction case. Any lease provision setting a higher fee is unenforceable.

Habitability and Repairs

Every residential lease in Colorado carries an implied warranty that the home is fit to live in, both at move-in and throughout the tenancy.⁴ The unit fails that standard when it lacks working heat, running water, weather protection, or functioning exterior door locks, or when mold threatens occupant health. The warranty cannot be waived in the lease.

To start the landlord’s repair clock, the tenant sends written notice describing the problem, with the date and contact information for scheduling access. Keep a copy. Once the notice lands, the deadlines are short and enforced.

Repair Timelines

For conditions that materially threaten the tenant’s life, health, or safety, the landlord must begin repairs within 24 hours of receiving notice. For habitability problems that make the unit unfit but pose no immediate danger, the deadline is 72 hours.⁴ A gas leak in January gets 24 hours. A broken dishwasher gets 72.

Remedies When Repairs Don’t Happen

C.R.S. § 38-12-507 gives tenants several options when a landlord misses the deadline. The tenant can terminate the lease by giving 10 to 60 days’ written notice that states the problem, the intent to vacate, and the move-out date, with no early termination penalty.⁵

The tenant can also hire a licensed professional (not a relative) to make the repair and deduct the cost from rent. This requires at least ten days’ advance written notice, or 48 hours if the condition threatens life, health, or safety, and the tenant must give the landlord a receipt or invoice afterward.⁵ For a broken appliance, the tenant can replace it and deduct the cost after three days’ notice.

If the same habitability problem returns within six months of being fixed, the tenant can terminate the lease on just ten days’ notice without penalty.⁵

Just Cause Eviction

A Colorado landlord must have a specific, legally recognized reason to evict a residential tenant. HB24-1098, signed into law in 2024, created C.R.S. § 38-12-1303 and ended the practice of removing a tenant simply because a lease expired.⁶ Every eviction now has to fit into either a fault-based or a no-fault ground.

Fault-Based Grounds

Fault-based evictions cover nonpayment of rent, material lease violations, and conduct that creates a nuisance or disturbs other tenants or neighbors.⁶ For nonpayment, the landlord serves a written demand giving the tenant ten days to pay or vacate. Material lease violations and nuisance conduct also require ten days’ written notice with the chance to cure before the landlord can file in court.⁷

No-Fault Grounds

No-fault evictions are allowed only in limited circumstances, and every one of them requires at least 90 days’ written notice before the tenant must leave.⁸ The recognized grounds are:

Demolition of the building, conversion to nonresidential use, or conversion to a short-term rental.
Substantial repairs or renovations that require the unit to be vacant.
Owner or family member move-in, provided that person actually moves in within three months after the tenant leaves.
Withdrawal of the unit from the rental market to sell the property.
The tenant’s refusal to sign a new lease with reasonable terms.
A pattern of repeated late rent payments.

Active-duty military landlords who need to occupy the unit get a shorter 45-day notice window.⁸ The burden sits with the landlord to prove the eviction is justified, and a tenant who believes they’re being removed without valid cause can raise the statute as a defense.

Notice to End a Tenancy

When either party wants to end a tenancy at the close of its term rather than for cause, the required notice depends on how long the tenant has lived there:⁹

Less than one week: 1 day
One week to less than one month, or at-will tenancy: 3 days
One month to less than six months (month-to-month): 21 days
Six months to less than one year: 28 days
One year or longer: 91 days

The 91-day notice for long-term tenants is a real obligation. A landlord who has had the same tenant for over a year cannot end the tenancy with 30 days’ notice, and the just cause law means even a properly timed notice still needs a valid reason.

Retaliation Protections

Under C.R.S. § 38-12-509, a landlord cannot retaliate against a tenant for filing a habitability complaint, joining a tenants’ organization, or pursuing any remedy available under the warranty of habitability statutes. Prohibited retaliation includes rent increases, service reductions, lease nonrenewal, threats of eviction, harassment, and new fees or penalties tied to the tenant’s exercise of their rights.¹⁰

A tenant who proves retaliation can recover up to three months’ rent or three times their actual damages, whichever is greater, plus attorney fees and costs. The tenant can also terminate the lease. A landlord who responds to a habitability complaint with a nonrenewal notice is walking into a costly trap.

Discrimination Protections

Colorado’s fair housing law reaches further than the federal Fair Housing Act. Under C.R.S. § 24-34-502, a landlord cannot refuse to rent, set different terms, or take adverse action against a tenant based on race, color, creed, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, national origin, ancestry, disability, source of income, or veteran or military status.¹¹ Source of income coverage matters for tenants using housing vouchers, and the gender identity and expression protections go beyond what federal law clearly establishes.

Lead Paint Disclosures for Older Buildings

Any rental built before 1978 triggers federal lead-based paint disclosure duties. Before the tenant signs, the landlord has to provide the EPA pamphlet “Protect Your Family From Lead In Your Home,” disclose known information about lead paint in the unit and common areas, share any existing test results, and include a lead warning statement in or attached to the lease. Narrow exemptions cover zero-bedroom units unless a child under six lives there, short-term rentals of 100 days or fewer with no renewal option, and senior or disability housing where no young children reside. Signed copies have to be kept for at least three years from the lease start date.¹²

Military Lease Termination

Active-duty service members, National Guard members on federal active-duty orders, reservists called to active duty, and Coast Guard members can break a residential lease early without penalty under the federal Servicemembers Civil Relief Act. The right applies when the lease was signed before entering active duty and the service will last at least 90 days, or when PCS or deployment orders of 90 days or more come down after the lease was already signed.¹³

To use it, the service member delivers written notice and a copy of their military orders to the landlord. For a monthly lease, termination becomes effective 30 days after the next rent payment is due following delivery of the notice.¹³ Be cautious about signing any separate SCRA waiver a landlord presents, since waiving these protections can eliminate the right to terminate early.

1
Justia. Colorado Code 38-12-103 – Return of Security Deposit
2
FindLaw. Colorado Code 38-12-104 – Return of Security Deposit – Hazardous Condition – Gas Appliance
3
Justia. Colorado Code 38-12-105 – Late Fees Charged to Tenants and Mobile Home Owners
4
Justia. Colorado Code 38-12-503 – Warranty of Habitability – Notice – Landlord Obligations
5
FindLaw. Colorado Code 38-12-507 – Remedies
6
Colorado General Assembly. HB24-1098 Cause Required for Eviction of Residential Tenant
7
Justia. Colorado Code 13-40-104
8
Justia. Colorado Code 38-12-1303 – Cause for Eviction Required – No-Fault Evictions
9
Colorado Judicial Branch. JDF 99 B – Notice to Terminate Tenancy
10
Justia. Colorado Code 38-12-509
11
Colorado Civil Rights Division. Discrimination
12
US EPA. Real Estate Disclosures about Potential Lead Hazards
13
Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases