Question 1

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

Accepted Answer

Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent.
C.R.S. §§ 38-12-102.5, 38-12-106

Question 2

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

Accepted Answer

Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. (C.R.S. § 38-12-103(1) (as amended by HB 25-1249))

Question 3

Does a landlord have to pay interest on a security deposit in Colorado?

Accepted Answer

No statute requires the landlord to pay interest on a security deposit. (C.R.S. §§ 38-12-102.5 to 38-12-106)

Question 4

Does a landlord in Colorado have to give an itemized list of deposit deductions?

Accepted Answer

A written statement listing the exact reasons for any amount kept, sent with the balance. Deductions are allowed only for nonpayment of rent, utility charges, other lawful charges listed in the lease, and necessary repairs for damage beyond normal wear and tear that did not exist before the tenancy. If the tenant asks in writing within 14 days after receiving the statement, the landlord must provide relevant documentation (photos, inspection reports, receipts, invoices, estimates). Either party may request a walk-through inspection before move-out. (C.R.S. § 38-12-103(1), (1.5), (8) (as amended by HB 25-1249))

Question 5

What happens if a landlord in Colorado wrongfully keeps a security deposit?

Accepted Answer

Treble (three times) the amount wrongfully withheld, plus reasonable attorney fees and court costs. The tenant must first send a demand and notice of intent to sue at least 7 days before filing, and may sue only if the landlord does not return the money within those 7 days. Keeping 125% or more of actual damages is presumed bad faith, and the landlord bears the burden of proof. (C.R.S. § 38-12-103(2.5), (3), (3.5) (as amended by HB 25-1249))

Question 6

How much notice does a landlord have to give before evicting for unpaid rent in Colorado?

Accepted Answer

10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed.
C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4)

Question 7

How much notice is required to evict for a lease violation in Colorado?

Accepted Answer

10-day written notice to comply with the violated condition or covenant, or deliver possession (5 days for exempt residential agreements, 3 days for employer-provided housing). A repeat violation of the same covenant after a prior notice allows termination 10 days after written notice, with no cure. Substantial violations, such as certain violent or drug-related criminal acts, are handled under § 13-40-107.5. (C.R.S. §§ 13-40-104(1)(e), (1)(e.5), 13-40-107.5)

Question 8

How much notice is needed to end a month-to-month lease in Colorado?

Accepted Answer

For tenants covered by the for-cause eviction law (generally after 12 months of tenancy), the landlord may not end the tenancy without cause. No-fault grounds (demolition or conversion, substantial repairs, owner or family move-in, sale, refusal to sign a new lease with reasonable terms, or repeated late rent) require at least 90 days' written notice. For exempt tenancies, and for tenant-given notice, a month-to-month tenancy (at least one month but less than six) needs 21 days' notice. Tenancies of six months to under a year need 28 days, and tenancies of one year or longer need 91 days. (C.R.S. §§ 38-12-1301 to 38-12-1303; 13-40-107)

Question 9

Can a landlord enter without notice in Colorado?

Accepted Answer

No general statute on landlord entry or advance notice. For habitability repairs, the landlord must give at least 24 hours' written notice of entry, stating the date, time, and expected duration, unless the condition imminently threatens life, health, or safety or threatens substantial property damage. (C.R.S. § 38-12-503(6))

Question 10

Is there a limit on late fees in Colorado?

Accepted Answer

No late fee until rent is at least 7 calendar days late. The fee may not exceed the greater of $50 or 5% of the past-due rent, and it must be disclosed in the lease. The landlord may not evict for unpaid late fees, charge interest on late fees, or take late fees out of rent payments. Late-fee notice must be given within 180 days. (C.R.S. § 38-12-105)

Question 11

Can a tenant repair and deduct from rent in Colorado?

Accepted Answer

Allowed for breaches of the warranty of habitability. The tenant gives at least 10 days' written notice (48 hours if the condition materially threatens life, health, or safety) of intent to hire a licensed or qualified professional who is not a relative. If the landlord does not fix the problem or provide a comparable unit or hotel room, the tenant may hire the professional at a reasonable price and deduct the cost from rent, then provide receipts. A broken appliance may be replaced with a comparable one and deducted after 3 days' notice. (C.R.S. § 38-12-507(1)(c))

Question 12

Can a tenant withhold rent for repairs in Colorado?

Accepted Answer

No general right to withhold rent. Statutory remedies for a habitability breach are lease termination, repair-and-deduct, and a claim or counterclaim for actual damages, including reduced fair rental value. (C.R.S. § 38-12-507(1)(a)-(d))

Question 13

Can a landlord retaliate against a tenant for complaining in Colorado?

Accepted Answer

A landlord may not retaliate (raise rent, cut services, end or not renew the lease, bring or threaten eviction, harass, or charge fees) because the tenant made a good-faith complaint about a habitability condition to the landlord, a nonprofit, or a government agency; joined or organized a tenants' association; or used habitability remedies. The tenant need only show that the protected activity was a motivating factor. Remedies: the greater of three months' rent or three times actual damages, plus attorney fees. The tenant may also terminate the lease and raise retaliation as a defense to eviction. (C.R.S. § 38-12-509)

Question 14

Is there rent control or a limit on rent increases in Colorado?

Accepted Answer

Local rent control is preempted. No county or municipality may enact an ordinance or resolution controlling rent on private residential property, except voluntary agreements or deed restrictions with a permit applicant or owner for affordable housing. There is no statewide rent cap. (C.R.S. § 38-12-301)

Question 15

Can a landlord change the locks or shut off utilities in Colorado?

Accepted Answer

Unlawful for a landlord to remove or exclude a tenant without court process, including by willfully cutting utilities or removing doors, windows, or locks. Exceptions are abandonment, mutual consent, and meth-lab cleanup rules. The tenant is awarded statutory damages equal to actual damages plus the higher of three times monthly rent or $5,000, plus attorney fees and costs, and the court may restore possession. (C.R.S. § 38-12-510)

Question 16

What is the small claims court limit in Colorado for a deposit dispute?

Accepted Answer

$7,500 (exclusive of interest and costs, including civil penalties) (C.R.S. § 13-6-403(1)(a))

Question 17

How do you remove a squatter in Colorado?

Accepted Answer

Colorado has a fast court process for removing an "unauthorized person": someone occupying a vacant or uninhabited home who never had any agreement with or consent from the owner, is not the owner's relative, never paid the owner anything, and was never given permission to be there. The owner (or authorized agent) first demands that the occupants leave, then files a complaint and a sworn "Verified Motion for Order to Remove Unauthorized Persons" in county court. The motion must be served (in person or by posting) at least 24 hours before the hearing, and the court must hold the hearing by the next court day. If the court finds the occupants are unauthorized, it issues a temporary mandatory injunction and writ of restitution, and the sheriff must remove them within 24 hours of receiving the order and order them to stay off the property or face arrest for criminal trespass. Anyone who falsely swears on the motion can be sanctioned, held in contempt, or prosecuted for perjury or false swearing. If the motion is denied, the owner can still bring a regular eviction (forcible entry and detainer). (C.R.S. §§ 13-40.1-101, 13-40.1-102; § 13-40-104(1)(a))

Question 18

What can a landlord do with a tenant's abandoned property in Colorado?

Accepted Answer

Colorado has no single statute on belongings a residential tenant leaves behind. After an eviction, the officer executing the writ of restitution removes the property. The landlord has no duty to store or inventory it, and is immune from liability if the landlord follows the officer's lawful directions. A landlord who chooses to store the property may charge reasonable storage costs and either let the tenant reclaim it after paying them or dispose of it under the landlord's lien. That lien covers unpaid rent on household goods left on the premises. It does not cover pets, small kitchen appliances, cooking utensils, beds, bedding, necessary clothing, personal or business records, or personal effects. Lien property is presumed abandoned if the owner has not contacted the landlord for at least 30 days. At least 15 days before selling or disposing of it, the landlord must send notice of the manner and date by registered or certified mail (return receipt, addressee only) to the owner's last-known address. If the notice comes back unclaimed, the landlord must publish it in a local newspaper. During an eviction, the officer must hand pets to the tenant or call animal control. Pets may not be left unattended. (C.R.S. §§ 13-40-122(2)-(4), (2.5); 38-20-102(3); 38-20-116(1)-(2))

Question 19

Is there a limit on rental application fees in Colorado?

Accepted Answer

No fixed dollar cap. Under the Rental Application Fairness Act, a landlord may charge an application fee only to cover its actual or average costs of processing applications. The fee must be the same for every applicant for the unit, or for all units the landlord is offering at the same time. The landlord must disclose anticipated expenses or itemize actual expenses, explaining how any average-cost fee is calculated. The landlord must give a receipt (electronic unless the applicant asks for paper) and make a good-faith effort to refund any unused portion within 20 calendar days. Landlords must accept a portable tenant screening report and may not charge an application fee or any fee to access it. The landlord may require that the report is no more than 30 days old, is free to access, and comes with the applicant's statement that nothing material has changed. Applicants must be told of this right in ads, on the landlord's website, in the application, or orally. Landlords who accept only one application fee at a time and refund it within 20 days of a decline are exempt from the portable-report rules. A denial must be in writing with reasons, sent within 20 days. Violations: $2,500 plus costs and attorney fees after 7 days' notice, or $50 if the landlord cures within 7 days. (C.R.S. §§ 38-12-901 to 38-12-905)

Question 20

What rental fees are banned or limited in Colorado?

Accepted Answer

Since January 1, 2026, rent advertisements and offers must show the total price, meaning all mandatory fees, as one number that is more prominent than any other price information. Landlords may not misrepresent fees and must disclose the nature, refundability, and recipient of any optional charges. The cost of separately billed utilities need not be included. Landlords may not charge tenants for: utilities above what the provider bills for the unit; fees that rise more than 2% during a lease of one year or less (except utilities); property taxes; payment processing, unless a free payment method is reasonably available; late fees on anything other than rent; anything needed to meet the landlord's own duties, including habitability; anything not actually provided; or common-area maintenance. Leases may not pass through a markup on third-party services greater than 2% of the bill or $10 a month (not both). A violation is a deceptive trade practice. If a written demand goes unpaid for 14 days, the tenant can recover actual damages plus 18% annual interest. (C.R.S. § 6-1-737 (added by HB 25-1090); § 38-12-801(3)(a)(VI))

Question 21

Can a domestic violence survivor break a lease in Colorado?

Accepted Answer

A tenant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may end the lease and move out because of fear of imminent danger to themselves or their children. The tenant, or a qualified third party, notifies the landlord in writing and provides at least one of: a self-attestation affidavit; a letter from a qualified third party such as an advocate, attorney, social worker, medical or mental health provider, or faith leader; a police report from the prior 120 days; or a valid protection or restraining order. Nothing more may be required. If documentation is missing, the tenant must provide it within 7 days of the landlord's written request. The tenant owes at most one month's rent, and only if the landlord gives the tenant a written statement of actual economic damages within 30 days after move-out. Missing that deadline forfeits the claim. Nothing is owed if another tenant stays on the lease. The tenant cannot be charged for damage caused by the abuse. Landlords must keep the tenant's status and new address confidential, may not ask applicants about it, and must allow lock changes and other reasonable safety measures. Violations: actual damages plus the greater of 3 months' rent or $5,000, plus attorney fees. (C.R.S. §§ 38-12-401, 38-12-402 (as amended by HB 25-1168); § 38-12-103(1))

Question 22

When can a tenant break a lease without penalty in Colorado?

Accepted Answer

Tenant death: if a lease ends early because a tenant dies, lease clauses requiring any of the following are void: liquidated damages; acceleration of rent past the later of the end of the month or 10 business days after the unit is vacated following notice of the death; repayment of concessions or move-in discounts; or any other early-termination fee or penalty. The landlord may retake possession without court order if the estate's personal representative surrenders the unit, or if 30 days after the death rent is unpaid or substantially all property has been removed. The landlord may keep deposit funds for damage caused by the death. No Colorado statute was found giving tenants a state-law right to end a lease early for military service (beyond the federal SCRA), medical or disability reasons, or a move to senior or assisted care. (C.R.S. § 38-12-801(3.5) (added by HB 25-1108, "Letty's Act"))

Question 23

Can an eviction record be sealed or removed in Colorado?

Accepted Answer

Yes, automatic suppression. Every eviction (forcible entry and detainer) court record is suppressed from the moment the case is filed. The parties, their attorneys, judges, court staff, and people with a court order can see it, and courts may not publish party names online. The record becomes public only if the court enters an order granting the landlord possession, unless both parties agree to keep it suppressed. Cases that are dismissed, settled, or won by the tenant stay suppressed. Since August 6, 2025, a defendant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may move to suppress, or keep suppressed, any eviction record, including a judgment for possession and records predating the law. The court must grant the motion if the tenant provides qualifying documentation and states that public access risks the safety of the tenant or a household member. (C.R.S. § 13-40-110.5 (subsection (3) as amended by HB 25-1168))

Question 24

Can a landlord refuse Section 8 vouchers in Colorado?

Accepted Answer

Yes. Colorado's fair housing law bars refusing to rent, setting different terms, using discriminatory ads, or falsely saying a unit is unavailable because of a person's source of income. Source of income means any lawful, verifiable source of money, including wages and any government or private assistance, grant, or loan program such as housing vouchers. Landlords may still check credit if they check every applicant. Exemptions: landlords with three or fewer rental units are exempt from the source-of-income provisions. A landlord with five or fewer single-family rental homes (and no more than five total units) need not accept federal housing choice vouchers for those homes. Applying the income-screening limits in § 38-12-904(1)(c)-(d) is also a source-of-income violation. (C.R.S. §§ 24-34-501(4.5), 24-34-502(1)(l)-(q), (1.5), (1.7))

Question 25

Do tenants have a right to a free lawyer in eviction cases in Colorado?

Accepted Answer

No statewide right to a lawyer in eviction cases. The state funds eviction legal help through the Eviction Legal Defense Fund. The state court administrator makes grants to qualifying nonprofit legal aid organizations to advise and represent indigent tenants (income at or below 200% of the federal poverty guidelines) facing eviction, but this is not a guaranteed right to counsel. (C.R.S. § 13-40-127)

Question 26

What does a Colorado notice to pay rent or quit have to include?

Accepted Answer

A written demand giving the tenant 10 days either to pay the rent or to give up possession. Exempt residential agreements get 5 days, and employer-provided housing gets 3 days. A lease cannot waive the notice. The demand must: state the landlord's grounds for possession with a specific description of the violation; describe the premises; state the date and time the premises must be surrendered; and be signed by the landlord, agent, or attorney. It must also include: a statement that tenants receiving SSI, SSDI, or Colorado Works cash assistance have a right to mediation before an eviction is filed; and (since August 6, 2025) a statement that a tenant who missed rent because of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may provide documentation and is entitled to a repayment plan of up to 9 months. The demand must be written in English, Spanish, or another language the landlord knows or should know is the tenant's primary language. Service: hand it to the tenant, or leave it with a household member over 15 or a person in charge of the premises. If no one is there after personal-service attempts on two separate days, post it in a conspicuous place. If the tenant has told the landlord they are a victim-survivor, the landlord must try personal service. After three failed attempts, the landlord must post the notice and also send it by certified mail or courier with proof of delivery. (C.R.S. §§ 13-40-104(1)(d), 13-40-106(1)-(4), 13-40-108 (as amended by HB 25-1168))

Question 27

What does a Colorado notice to end a month-to-month tenancy have to include?

Accepted Answer

Two regimes apply. (1) Tenants covered by Colorado's for-cause eviction law (generally those who have rented the unit for at least 12 months, excluding owner-occupied 1-3 unit homes, short-term rentals, and employer-provided housing) cannot be given a notice ending a month-to-month tenancy without cause. For no-fault grounds (demolition or conversion, substantial renovation, owner or family move-in, sale, refusal to sign a new lease with reasonable terms, or repeated late payment), the landlord must give written notice at least 90 days before the move-out date (45 days if the landlord is on active military duty and moving in). The notice must state the move-out date and, depending on the ground, include a description and timeline of the work or proof such as a permit. (2) For tenancies outside that law, a month-to-month tenancy (1 month to under 6 months) ends with written notice served at least 21 days before the end of the period. Tenancies of 6-12 months need 28 days, and tenancies of a year or more need 91 days. The notice must describe the property, give the exact termination date, and be signed by the party or their agent or attorney. Either kind of notice is served the same way as a rent demand: personal delivery, leaving it with a household member over 15, or posting after attempts on two separate days. (C.R.S. §§ 13-40-107; 38-12-1301 to 38-12-1303; 13-40-106; 13-40-108)

Question 28

What must a Colorado security deposit itemization include?

Accepted Answer

If the landlord keeps any part of the deposit, it must send a written statement listing the exact reasons for each amount kept, together with the balance of the deposit, within 30 days after the lease ends or the tenant surrenders the unit, whichever is later. A lease may extend this to no more than 60 days. Deductions are allowed only for unpaid rent, unpaid utilities, other lawful charges listed in the lease, and necessary repairs for damage beyond normal wear and tear that did not exist before the tenancy. Whole-unit carpet or paint replacement is limited. The landlord complies by sending the statement, payment, and any required documentation to the tenant's last-known address or to any email address the landlord knows of. The refund itself may be mailed, or sent by secured electronic transfer with the tenant's consent. After a written request from the tenant, the landlord must provide relevant documentation in its possession, such as photos, inspection reports, receipts, invoices, and estimates. The statute ties this to a 14-day period, but its wording is ambiguous; see the note. A statement that does not list exact reasons, or is not sent on time with the documentation, makes the withholding wrongful and forfeits the right to keep any of the deposit. (C.R.S. § 38-12-103(1), (1.5), (2), (2.5), (8)-(11) (as amended by HB 25-1249, effective Jan. 1, 2026))

Question 29

How long does a landlord have to sue for unpaid rent in Colorado?

Accepted Answer

6 years for all actions for arrears of rent and for recovering a liquidated or determinable amount of money due. This applies to unpaid rent under a written or oral lease. Other contract claims, such as many damage claims, have 3 years unless the 6-year section applies. (C.R.S. § 13-80-103.5(1)(a)-(b); § 13-80-101(1)(a))

Question 30

Can a landlord accept rent during an eviction in Colorado?

Accepted Answer

No general statute. Colorado's residential landlord-tenant and eviction statutes have no general rule on whether accepting rent after a notice waives the eviction, so the question is left to case law. The only statutory rule is for mobile home parks: accepting rent during the 90-day cure or sale period after a termination notice does not waive the landlord's right to terminate. (C.R.S. Title 13, Art. 40 and Title 38, Art. 12 (checked); § 38-12-202 (mobile home parks))

Question 31

Can you be evicted in the winter in Colorado?

Accepted Answer

No statute. Colorado state law has no winter or cold-weather limit on residential evictions. For mobile homes, a court may delay or set the timing of a writ of restitution so that removal does not happen in hazardous weather, and the landlord may act to prevent freezing damage to a mobile home. (C.R.S. Title 13, Art. 40 and Title 38, Art. 12 (checked); § 38-12-208 (mobile home writ timing))

Question 32

Can a landlord give notice by text or email in Colorado?

Accepted Answer

A written notice to vacate or demand (under §§ 13-40-104, 38-12-202, 38-12-204 or 38-12-1303) may be served by handing it to a known tenant at the premises, or by leaving it with a person older than 15 who lives at or is in charge of the premises. If no one is there after attempts at personal service on at least 2 separate days, it may be posted in a conspicuous place on the premises. Since August 6, 2025, if the tenant has told the landlord they are a survivor of domestic violence, domestic abuse, stalking or unlawful sexual behavior, the landlord must make reasonable efforts to serve that tenant personally. After 3 failed attempts, the landlord must post the notice and also send it by certified mail or commercial courier with proof of delivery. Email is allowed only for certain notices, such as tenant notices of habitability problems, sent to the contact the landlord named in the lease. (C.R.S. § 13-40-108 (as amended by HB 24-1098 and HB 25-1168); § 38-12-502(7))

Question 33

How much notice is required for a rent increase in Colorado?

Accepted Answer

For a residential tenancy with no written lease, the landlord must give at least 60 days' written notice before increasing rent. The landlord may not serve a termination notice mainly to raise rent in a way that gets around this rule. For every residential tenancy, written lease or not, fixed-term or month-to-month, rent may be raised no more than once in any 12-month period of continuous occupancy. With a written lease, the timing of increases follows the lease, within the once-a-year limit. (C.R.S. § 38-12-701(2); § 38-12-702)

Question 34

Does a landlord have to give a copy of the lease in Colorado?

Accepted Answer

Yes. If there is a written lease, the landlord must give the tenant a copy signed by both parties no later than the 7th day after the tenant signs. An electronic copy is allowed unless the tenant asks for paper. The lease must state the name and address of the landlord or the landlord's authorized agent. If either changes, the new landlord or agent must notify each tenant in writing or electronically, or post the change conspicuously on the premises, within 1 business day. Unless the landlord is exempt, the lease must also include a statement that source-of-income discrimination is prohibited. Small landlords (5 or fewer single-family homes and no more than 5 units in total) are exempt from that statement. (C.R.S. § 38-12-801(1), (2), (2.5))

Question 35

What are tenants' rights in a foreclosure in Colorado?

Accepted Answer

Colorado's foreclosure law gives tenants notice rights but does not let them stay after the sale. A lessee is treated as a lienor (with no lien amount) in foreclosure proceedings. A lessee with an unrecorded possessory interest in a single-family or multi-unit residence must be mailed the foreclosure notices by regular mail, which is complete when sent to the lessee at the property or to 'Occupant' at the address. The foreclosure mailing list must also include 'occupant' at the property address. Rights of a lessee whose lease is recorded are not affected. Beyond this, tenants rely on the federal PTFA 90-day notice. (C.R.S. § 38-38-305(1), (1.5); § 38-38-100.3(14)(c)-(d))

Question 36

Does a landlord have to fix mold in Colorado?

Accepted Answer

Yes. A rental is legally uninhabitable if there is mold associated with dampness, or any other damp condition, that would materially interfere with the tenant's health or safety if not fixed. Minor mold on surfaces that collect moisture through normal use is excluded. The landlord must make sure the unit is habitable before leasing it and must fix such conditions under the warranty of habitability; the tenant may use the remedies in § 38-12-507. (C.R.S. §§ 38-12-503, 38-12-505(1)(a), (3))

Question 37

Who pays for pest control and bed bugs in Colorado?

Accepted Answer

The landlord must provide appropriate extermination for rodent, vermin, pest or insect infestations throughout the premises. Under the bed-bug law, the tenant must promptly notify the landlord in writing or electronically; within 96 hours the landlord must get the unit inspected by a qualified inspector, and inspect contiguous units if bed bugs are found. The landlord must give written results within two business days and start treatment within five business days. The landlord pays for inspection and treatment, and may not rent a unit it knows or suspects has bed bugs; on request it must disclose bed bugs in the past eight months and the last clean inspection date. (C.R.S. § 38-12-505(1)(b)(VII)-(VIII); §§ 38-12-1001 to 38-12-1007)

Question 38

Does a landlord have to provide heat in Colorado?

Accepted Answer

Yes. A unit that substantially lacks functioning heating facilities that met code when installed and are kept in good working order is uninhabitable. Lack of functioning heating from October through April is presumed to materially interfere with the tenant's life, health or safety. State law sets no minimum indoor temperature. (C.R.S. § 38-12-505(1)(b)(V), (4)(d))

Question 39

Does a landlord have to provide air conditioning in Colorado?

Accepted Answer

No state requirement to provide air conditioning or maximum indoor temperature. However, a landlord may not prohibit or restrict a tenant from installing or using a portable cooling device (such as a window or portable AC unit) unless it would violate codes or law, violate the manufacturer's safety guidelines, damage the premises, or exceed the electrical capacity. A landlord that restricts them must disclose the restrictions in writing and give information on cooled common spaces or nearby community cooling spaces. Violating these cooling rules makes the unit uninhabitable. (C.R.S. § 38-12-505(1)(b)(XVI), (7))

Question 40

What can a landlord deduct from a deposit for cleaning or damage in Colorado?

Accepted Answer

Defined by statute: deterioration from the intended use of the rental unit, without negligence, carelessness, accident or abuse of the premises, equipment or furnishings by the tenant, household members, invitees or guests. No part of a security deposit may be kept to cover normal wear and tear, and any retention requires a written statement listing the exact reasons. (C.R.S. §§ 38-12-102(4), 38-12-103(1))

Question 41

Can a landlord put cameras in or around a rental in Colorado?

Accepted Answer

No landlord-specific statute. Knowingly observing or photographing (including video or live feed) another person's intimate parts without consent where they reasonably expect privacy is criminal invasion of privacy (class 2 misdemeanor). Overhearing or recording a conversation without the consent of at least one party is eavesdropping (class 2 misdemeanor). (C.R.S. §§ 18-7-801, 18-9-304)

Question 42

Can a landlord limit guests or roommates in Colorado?

Accepted Answer

No statute — lease governs for most rentals. Colorado's landlord-tenant law sets no guest-versus-tenant rule, statewide occupancy limit or roommate right for ordinary rentals; tenants are responsible for damage caused by their guests and invitees. (C.R.S. § 38-12-102(4))

Question 43

Can a landlord deny a service or emotional support animal in Colorado?

Accepted Answer

Intentionally misrepresenting entitlement to an assistance animal to obtain a housing accommodation, after a prior written or verbal warning and knowing the animal is not an assistance animal or the person has no disability, is a civil infraction: $25 for a first offense, $50-$200 for a second, and $100-$500 for later offenses. If a landlord asks for documentation about a tenant's assistance animal, it must give the tenant the state Civil Rights Division form if the division has posted one, though the tenant need not use it. Pet deposits are capped at $300 (refundable) and pet rent at the greater of $35 or 1.5% of monthly rent. (C.R.S. § 18-13-107.3; § 24-34-309(2); § 38-12-106)

Security deposit limit	Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. The deposit cap was added by SB 23-184, effective August 7, 2023. Pet limits were added by HB 23-1068, effective January 1, 2024. Source: C.R.S. §§ 38-12-102.5, 38-12-106
Deposit return deadline	Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. HB 25-1249 (signed June 3, 2025; effective January 1, 2026) changed 'one month' to 'thirty days'. The statement and refund may be sent to the tenant's last-known address or a known email address. With the tenant's consent, payment may be made by secured electronic transfer. If a refund is returned undelivered, the landlord must hold it at least one year and pay it within 15 days of the tenant's request. If a gas-appliance hazard is not repaired within 72 hours and the tenant vacates, the deposit is due within 72 hours (§ 38-12-104). Source: C.R.S. § 38-12-103(1) (as amended by HB 25-1249)
Itemized deductions	A written statement listing the exact reasons for any amount kept, sent with the balance. Deductions are allowed only for nonpayment of rent, utility charges, other lawful charges listed in the lease, and necessary repairs for damage beyond normal wear and tear that did not exist before the tenancy. If the tenant asks in writing within 14 days after receiving the statement, the landlord must provide relevant documentation (photos, inspection reports, receipts, invoices, estimates). Either party may request a walk-through inspection before move-out. No charge for whole-unit carpet replacement or full repainting unless the damage is substantial and beyond normal wear and tear. Carpet not replaced within the prior 10 years cannot be treated as irreparably damaged (§ 38-12-103(11)). Failing to provide a timely statement forfeits the right to withhold any portion (§ 38-12-103(2)). Source: C.R.S. § 38-12-103(1), (1.5), (8) (as amended by HB 25-1249)
Interest on deposits	No statute requires the landlord to pay interest on a security deposit. The deposit sections in Part 1 contain no interest requirement. Source: C.R.S. §§ 38-12-102.5 to 38-12-106
Penalty for withholding	Treble (three times) the amount wrongfully withheld, plus reasonable attorney fees and court costs. The tenant must first send a demand and notice of intent to sue at least 7 days before filing, and may sue only if the landlord does not return the money within those 7 days. Keeping 125% or more of actual damages is presumed bad faith, and the landlord bears the burden of proof. Before HB 25-1249, treble damages required 'willful' retention. The standard is now 'wrongful' retention, effective January 1, 2026. Source: C.R.S. § 38-12-103(2.5), (3), (3.5) (as amended by HB 25-1249)

Notice for unpaid rent	10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed. The notice must be in English, Spanish, or the tenant's known primary language. It must also tell tenants who receive SSI, SSDI, or Colorado Works cash assistance that they have a right to mediation before filing (§ 13-40-106). A tenant cannot be evicted for unpaid late fees (§ 38-12-105(1)(d)). Source: C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4)
Notice for lease violations	10-day written notice to comply with the violated condition or covenant, or deliver possession (5 days for exempt residential agreements, 3 days for employer-provided housing). A repeat violation of the same covenant after a prior notice allows termination 10 days after written notice, with no cure. Substantial violations, such as certain violent or drug-related criminal acts, are handled under § 13-40-107.5. Source: C.R.S. §§ 13-40-104(1)(e), (1)(e.5), 13-40-107.5
Lockouts & utility shutoffs	Unlawful for a landlord to remove or exclude a tenant without court process, including by willfully cutting utilities or removing doors, windows, or locks. Exceptions are abandonment, mutual consent, and meth-lab cleanup rules. The tenant is awarded statutory damages equal to actual damages plus the higher of three times monthly rent or $5,000, plus attorney fees and costs, and the court may restore possession. The damages amount was increased by SB 24-094, effective for actions filed on or after May 3, 2024. Source: C.R.S. § 38-12-510

Repair and deduct	Allowed for breaches of the warranty of habitability. The tenant gives at least 10 days' written notice (48 hours if the condition materially threatens life, health, or safety) of intent to hire a licensed or qualified professional who is not a relative. If the landlord does not fix the problem or provide a comparable unit or hotel room, the tenant may hire the professional at a reasonable price and deduct the cost from rent, then provide receipts. A broken appliance may be replaced with a comparable one and deducted after 3 days' notice. Bad-faith deductions expose the tenant to double damages. Other remedies include terminating the lease on 10 to 60 days' notice if the problem is not fixed (§ 38-12-507(1)(a)-(b)). Source: C.R.S. § 38-12-507(1)(c)
Withholding rent	No general right to withhold rent. Statutory remedies for a habitability breach are lease termination, repair-and-deduct, and a claim or counterclaim for actual damages, including reduced fair rental value. Only § 38-12-507(1)(a)-(d) was reviewed, so any further remedies in later subsections are not covered here. Source: C.R.S. § 38-12-507(1)(a)-(d)
Retaliation protection	A landlord may not retaliate (raise rent, cut services, end or not renew the lease, bring or threaten eviction, harass, or charge fees) because the tenant made a good-faith complaint about a habitability condition to the landlord, a nonprofit, or a government agency; joined or organized a tenants' association; or used habitability remedies. The tenant need only show that the protected activity was a motivating factor. Remedies: the greater of three months' rent or three times actual damages, plus attorney fees. The tenant may also terminate the lease and raise retaliation as a defense to eviction. The statute sets no presumption period. Last amended by HB 24-1098 and SB 24-094 (2024). A separate rule bars retaliatory rent increases against tenants covered by Part 13 (§ 38-12-1307). Source: C.R.S. § 38-12-509

Section 8 / source of income	Yes. Colorado's fair housing law bars refusing to rent, setting different terms, using discriminatory ads, or falsely saying a unit is unavailable because of a person's source of income. Source of income means any lawful, verifiable source of money, including wages and any government or private assistance, grant, or loan program such as housing vouchers. Landlords may still check credit if they check every applicant. Exemptions: landlords with three or fewer rental units are exempt from the source-of-income provisions. A landlord with five or fewer single-family rental homes (and no more than five total units) need not accept federal housing choice vouchers for those homes. Applying the income-screening limits in § 38-12-904(1)(c)-(d) is also a source-of-income violation. Added by HB 20-1332. Complaints go to the Colorado Civil Rights Division (Title 24, Article 34, Parts 3 and 5). Text is from the CRS 2024 printout. Source: C.R.S. §§ 24-34-501(4.5), 24-34-502(1)(l)-(q), (1.5), (1.7)
Eviction record sealing	Yes, automatic suppression. Every eviction (forcible entry and detainer) court record is suppressed from the moment the case is filed. The parties, their attorneys, judges, court staff, and people with a court order can see it, and courts may not publish party names online. The record becomes public only if the court enters an order granting the landlord possession, unless both parties agree to keep it suppressed. Cases that are dismissed, settled, or won by the tenant stay suppressed. Since August 6, 2025, a defendant who is a victim-survivor of domestic violence, domestic abuse, stalking, or unlawful sexual behavior may move to suppress, or keep suppressed, any eviction record, including a judgment for possession and records predating the law. The court must grant the motion if the tenant provides qualifying documentation and states that public access risks the safety of the tenant or a household member. Victim-survivor motion text: https://leg.colorado.gov/sites/default/files/documents/2025A/bills/2025a_1168_enr.pdf (sections 7 and 17; effective August 6, 2025). An attorney (or someone acting for one) evaluating representation or mediation may view a suppressed record with a party's permission (§ 13-40-110.5(5)). Source: C.R.S. § 13-40-110.5 (subsection (3) as amended by HB 25-1168)
Right to a lawyer in eviction	No statewide right to a lawyer in eviction cases. The state funds eviction legal help through the Eviction Legal Defense Fund. The state court administrator makes grants to qualifying nonprofit legal aid organizations to advise and represent indigent tenants (income at or below 200% of the federal poverty guidelines) facing eviction, but this is not a guaranteed right to counsel. Some local governments (e.g., Denver and Boulder) have local eviction-representation programs, which were not reviewed. Whether any 2025 or 2026 legislation created a statewide right was not confirmed beyond the CRS 2024 text and the 2025 bills reviewed. Source: C.R.S. § 13-40-127

Mold	Yes. A rental is legally uninhabitable if there is mold associated with dampness, or any other damp condition, that would materially interfere with the tenant's health or safety if not fixed. Minor mold on surfaces that collect moisture through normal use is excluded. The landlord must make sure the unit is habitable before leasing it and must fix such conditions under the warranty of habitability; the tenant may use the remedies in § 38-12-507. Since January 1, 2025, every lease must include a bold statement of the tenant's right to safe and healthy housing and where to send written notice of an uninhabitable condition (§ 38-12-505(3)(c)-(d)). Colorado has no separate mold disclosure statute. Source: C.R.S. §§ 38-12-503, 38-12-505(1)(a), (3)
Pests & bed bugs	The landlord must provide appropriate extermination for rodent, vermin, pest or insect infestations throughout the premises. Under the bed-bug law, the tenant must promptly notify the landlord in writing or electronically; within 96 hours the landlord must get the unit inspected by a qualified inspector, and inspect contiguous units if bed bugs are found. The landlord must give written results within two business days and start treatment within five business days. The landlord pays for inspection and treatment, and may not rent a unit it knows or suspects has bed bugs; on request it must disclose bed bugs in the past eight months and the last clean inspection date. Bed-bug part added by HB 19-1328, effective January 1, 2020. Entry for inspection or treatment requires at least 48 hours' written or electronic notice unless the lease sets a different time, and the tenant may not unreasonably deny access (§ 38-12-1004). Source: C.R.S. § 38-12-505(1)(b)(VII)-(VIII); §§ 38-12-1001 to 38-12-1007
Heat	Yes. A unit that substantially lacks functioning heating facilities that met code when installed and are kept in good working order is uninhabitable. Lack of functioning heating from October through April is presumed to materially interfere with the tenant's life, health or safety. State law sets no minimum indoor temperature. Local housing codes may set minimum temperatures. Source: C.R.S. § 38-12-505(1)(b)(V), (4)(d)
Air conditioning	No state requirement to provide air conditioning or maximum indoor temperature. However, a landlord may not prohibit or restrict a tenant from installing or using a portable cooling device (such as a window or portable AC unit) unless it would violate codes or law, violate the manufacturer's safety guidelines, damage the premises, or exceed the electrical capacity. A landlord that restricts them must disclose the restrictions in writing and give information on cooled common spaces or nearby community cooling spaces. Violating these cooling rules makes the unit uninhabitable. Where electrical capacity limits portable cooling devices in a multi-unit building, the landlord must prioritize requests made to accommodate a tenant's disability (§ 38-12-505(7)(b)). Source: C.R.S. § 38-12-505(1)(b)(XVI), (7)

Colorado Landlord-Tenant Law

Quick answers for Colorado

Security Deposits in Colorado

Eviction in Colorado

Notice to Vacate in Colorado

Landlord Entry in Colorado

Repairs & Habitability in Colorado

Rent Increases & Late Fees in Colorado

Breaking a Lease in Colorado

Squatters & Abandoned Property in Colorado

Rental Fees in Colorado

Section 8, Records & Right to Counsel in Colorado

Mold, Pests, Heat & AC in Colorado

Privacy, Guests & Animals in Colorado

How eviction works in Colorado

What surprises people about Colorado rental law

Federal law that also applies in Colorado

City rules in Colorado

Eviction by county in Colorado

For landlords

Common Colorado questions

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How Colorado compares to neighboring states

Colorado landlord-tenant FAQ

Official resources for Colorado

Cameras & privacy	No landlord-specific statute. Knowingly observing or photographing (including video or live feed) another person's intimate parts without consent where they reasonably expect privacy is criminal invasion of privacy (class 2 misdemeanor). Overhearing or recording a conversation without the consent of at least one party is eavesdropping (class 2 misdemeanor). Colorado's landlord-tenant statutes set no general notice-of-entry rule except for bed-bug inspections; leases usually govern entry. Source: C.R.S. §§ 18-7-801, 18-9-304
Guests & occupants	No statute — lease governs for most rentals. Colorado's landlord-tenant law sets no guest-versus-tenant rule, statewide occupancy limit or roommate right for ordinary rentals; tenants are responsible for damage caused by their guests and invitees. Mobile home park landlords must keep records of requests about guests, roommates and occupants (C.R.S. Title 38, Art. 12, Part 2). Local occupancy codes and fair housing limits on occupancy rules apply. Source: C.R.S. § 38-12-102(4)
Service & support animals (state law)	Intentionally misrepresenting entitlement to an assistance animal to obtain a housing accommodation, after a prior written or verbal warning and knowing the animal is not an assistance animal or the person has no disability, is a civil infraction: $25 for a first offense, $50-$200 for a second, and $100-$500 for later offenses. If a landlord asks for documentation about a tenant's assistance animal, it must give the tenant the state Civil Rights Division form if the division has posted one, though the tenant need not use it. Pet deposits are capped at $300 (refundable) and pet rent at the greater of $35 or 1.5% of monthly rent. Assistance animal means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act or Section 504. Pet deposit and rent caps added by HB 23-1068, effective January 1, 2024; they apply to 'pet animals' as defined in § 35-80-102(10). Source: C.R.S. § 18-13-107.3; § 24-34-309(2); § 38-12-106

State	Security deposit limit	Deposit return deadline	Notice for unpaid rent
Colorado	Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. C.R.S. §§ 38-12-102.5, 38-12-106	Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. C.R.S. § 38-12-103(1) (as amended by HB 25-1249)	10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed. C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4)
Arizona	One and one-half months' rent, counting all security however labeled, including prepaid rent. A tenant may still voluntarily prepay more rent. A.R.S. § 33-1321(A)	Within 14 days, excluding Saturdays, Sundays, and legal holidays, after the tenancy ends, possession is delivered, and the tenant demands the deposit. A.R.S. § 33-1321(D)	5-day written notice of nonpayment stating that the landlord will terminate the rental agreement if rent is not paid within that time. Before an eviction is filed, paying all past-due rent plus a reasonable late fee set in a written lease reinstates the agreement. After filing, reinstatement also requires paying attorney fees and court costs. After judgment, reinstatement is at the landlord's discretion. A.R.S. § 33-1368(B)
Kansas	Unfurnished unit: one month's rent. Furnished: 1.5 months' rent. If pets are allowed, an additional pet deposit of up to one-half month's rent. K.S.A. 58-2550(a)	Balance due within 14 days after the landlord determines deductions, and in no event more than 30 days after termination of tenancy, delivery of possession and the tenant's demand. If the tenant makes no demand within 30 days, the landlord must mail the amount due to the tenant's last known address. K.S.A. 58-2550(b)	3 days' written notice to pay or the lease terminates (three consecutive 24-hour periods from delivery or posting; add 2 days if mailed). Before filing, a 3-day notice to leave the premises is also required; it may be combined with the RLTA notice. K.S.A. 58-2564(b); K.S.A. 61-3803
Nebraska	One month's periodic rent (any security however labeled). A separate pet deposit of up to one-fourth of one month's periodic rent may also be charged. Neb. Rev. Stat. § 76-1416	14 days after the tenancy terminates (balance plus written itemization delivered or mailed; if no forwarding address is given, mail first-class to the last-known address). Neb. Rev. Stat. § 76-1416	7 calendar days' written notice of nonpayment and intent to terminate; landlord may terminate if rent is not paid within that time. Neb. Rev. Stat. § 76-1431(2)
New Mexico	No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. NMSA 1978, § 47-8-18(A)	Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C)	3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D)
Oklahoma	No statutory cap on the amount of a security deposit. 41 O.S. § 115	45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B)	5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131
Utah	No statutory cap. Utah Code 57-17-1 to 57-17-5	No later than 30 days after the renter vacates and returns possession. If the owner misses it, the renter may serve a statutory 'Tenant's Notice to Provide Deposit Disposition', after which the owner has five business days to comply. Utah Code 57-17-3(2)-(5)	3 business days' written notice to pay rent and other amounts due or surrender the premises. Utah Code 78B-6-802(1)(c)
Wyoming	No statutory cap on the amount of a deposit. W.S. 1-21-1207, 1-21-1208	Within 30 days after the rental agreement ends, or within 15 days after the landlord receives the renter's new mailing address, whichever is later. If the unit is damaged, the deadline is extended by 30 days. W.S. 1-21-1208(a)	3-day notice to quit. FED is allowed after rent is 3 days past due, and the written notice to leave must be served at least 3 days before the action is filed. W.S. 1-21-1002(a)(i), 1-21-1003