Colorado Landlord-Tenant Law
Colorado limits security deposits to 2 months' rent, and requires its return within 30 days after the triggering event; no statute fixes a notice period before a landlord enters, and state law bars cities from adopting rent control.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Upcoming changes
- The two-month cap will not apply when landlord and tenant have executed a post-closing occupancy agreement under a purchase contract in which the landlord bought the home from the tenant. Effective (SB 26-054).
- Every rental application must say what information and data the landlord will access for screening, describe the factors considered (credit history, rental history, income and criminal background, if applicable), and state whether a third-party screening service is used and name it (C.R.S. § 38-12-904(1.7)). Effective (HB 26-1196).
Security deposits in Colorado
Maximum deposit
Landlords may not require a security deposit greater than two months' rent (C.R.S. § 38-12-102.5). (C.R.S. § 38-12-102.5, C.R.S. § 38-12-106 (pet deposit and pet rent))
Two months' rent. A separate refundable pet deposit of up to $300 (and pet rent up to the greater of $35/month or 1.5% of monthly rent) is allowed under C.R.S. § 38-12-106.
- In effect since .
- Before : No statutory cap on the security deposit amount.
Return deadline
Return the deposit, minus any itemized deductions, within 30 days after the lease ends or the tenant surrenders the unit, whichever is later; a lease can extend this to no more than 60 days (C.R.S. § 38-12-103(1)(a), as amended by HB 25-1249). (C.R.S. § 38-12-103(1)(a), as amended by HB 25-1249 (2025 Colo. Sess. Laws ch. 401), C.R.S. § 38-12-103 (pre-2026 text))
- In effect since .
- Before : Within one month after lease termination or surrender (whichever was later), or up to 60 days if the lease said so.
Itemized deductions
If you keep any part of the deposit, send a written statement listing the exact reasons with the balance, and on the tenant's written request provide supporting photos, receipts and invoices within 14 days (C.R.S. § 38-12-103(1), (8)). (C.R.S. § 38-12-103(1)(a), (8), as amended by HB 25-1249)
Interest on deposits
Colorado law does not require landlords to pay interest on security deposits. (C.R.S. tit. 38, art. 12, pt. 1 (silent on interest))
Penalty for wrongful withholding
A landlord who wrongfully keeps a deposit, such as by missing the deadline, giving vague reasons or keeping it in bad faith, owes three times the amount withheld plus attorney fees, but only if it does not refund within 7 days after the tenant's written demand (C.R.S. § 38-12-103(2)-(3.5)). (C.R.S. § 38-12-103(2), (2.5), (3), (3.5), as amended by HB 25-1249, C.R.S. § 38-12-104(4) (gas-hazard case: twice the deposit))
- In effect since .
- Before : Treble damages applied to 'willful' retention; a missing statement forfeited the right to withhold.
Colorado security deposit law and return-deadline calculator
Colorado late fees
Late-fee limit
A late fee cannot exceed the greater of $50 or 5% of the past-due rent, must be stated in the lease, and cannot be charged more than once per late payment beyond that total (C.R.S. § 38-12-105(1)(b), (c), (g)). (C.R.S. § 38-12-105(1)(b))
- In effect since .
- Before : No statutory cap on residential late fees (SB 21-173 added § 38-12-105).
Grace period
Do not charge a late fee until rent is at least seven calendar days late (C.R.S. § 38-12-105(1)(a)). (C.R.S. § 38-12-105(1)(a))
- In effect since .
Landlord entry in Colorado
Colorado has no general statute on landlord entry notice, so set entry terms in the lease; but give at least 24 hours' written notice before entering to make habitability repairs (no notice needed for imminent threats to health, safety or the property) and at least 48 hours' written or electronic notice before a bed-bug inspection or treatment, which the lease may change (C.R.S. §§ 38-12-503(6), 38-12-1004(1)). (C.R.S. § 38-12-503(6)(a)(III), (6)(b), C.R.S. § 38-12-1004(1))
Ending a month-to-month tenancy in Colorado
Either party may end a month-to-month tenancy with written notice served at least 21 days before the end of the period, but a landlord whose tenant has lived there 12 months or more also needs a legal cause or a no-fault ground, usually with 90 days' notice (C.R.S. §§ 13-40-107, 38-12-1303). (C.R.S. § 13-40-107(1)-(2), C.R.S. §§ 38-12-1302, 38-12-1303 (for-cause eviction, HB 24-1098))
Landlord: 21 days · Tenant: 21 days
Notice by tenancy length: under 1 week = 1 day; 1 week to under 1 month (or at will) = 3 days; 1 to under 6 months (month-to-month) = 21 days; 6 to under 12 months = 28 days; 1 year or longer = 91 days. Since Apr. 19, 2024, a landlord may not end or decline to renew a tenancy of a tenant who has lived there 12+ months without cause or a no-fault ground under C.R.S. § 38-12-1303, which mostly requires 90 days' written notice. Exempt: owner-occupied single-family, duplex or triplex, short-term rentals and employer housing.
- In effect since .
- Before : 21 days' notice ended a month-to-month tenancy for any reason; HB 24-1098 added the for-cause requirement for tenants of 12+ months.
Rent increase notice in Colorado
Rent may be raised only once every 12 months, and a tenant with no written lease must get at least 60 days' written notice of an increase (C.R.S. §§ 38-12-701(2)(a), 38-12-702). (C.R.S. § 38-12-701(2), C.R.S. § 38-12-702(1))
- In effect since .
- Before : 21 days' notice for tenancies of one month to under six months with no written agreement (SB 17-245); no limit on how often rent could rise.
Rent control in Colorado
Colorado has no statewide rent control and bars cities and counties from adopting it, except voluntary affordable-housing agreements and deed restrictions (C.R.S. § 38-12-301). (C.R.S. § 38-12-301)
- In effect since .
Required lease disclosures in Colorado
Colorado leases must name the landlord or agent, include the source-of-income statement (unless exempt) and a signed radon disclosure, and spell out any late fee; rental ads must show the total price, and pre-1978 units need the federal lead-paint disclosure (C.R.S. §§ 38-12-801, 38-12-803, 38-12-105, 6-1-737). (C.R.S. §§ 38-12-801, 38-12-803, C.R.S. § 6-1-737 (HB 25-1090, 2025 Colo. Sess. Laws ch. 94), C.R.S. § 6-1-737(4.5) (HB 26-1013, 2026 Colo. Sess. Laws ch. 11))
- Name and address of the landlord or authorized agent in the written lease (update within one business day of a change) (Every written rental agreement) — C.R.S. § 38-12-801(2)
- Statement that C.R.S. § 24-34-502(1) prohibits source-of-income discrimination (Written rental agreements, except landlords with 5 or fewer single-family homes and 5 or fewer total units) — C.R.S. § 38-12-801(2.5)
- Copy of the signed lease to the tenant within 7 days (paper if requested) (Every written rental agreement) — C.R.S. § 38-12-801(1)
- Radon disclosure: CDPHE warning statement, known test results and mitigation information, and the CDPHE radon brochure, signed by the tenant (Before signing any residential lease) — C.R.S. § 38-12-803
- Late fee terms must be written in the rental agreement to be charged (If the landlord charges late fees) — C.R.S. § 38-12-105(1)(c)
- Advertised rent must show the total price of all mandatory fees as one number, with non-included charges clearly disclosed (utility costs may be excluded) (Any listing or offer stating a price, from Jan. 1, 2026) — C.R.S. § 6-1-737(2)-(3) (HB 25-1090)
- Clear and conspicuous disclosure of the utility allocation method (If utilities are billed to tenants under a ratio utility billing system (from Mar. 26, 2026)) — C.R.S. § 6-1-737(4.5)(a)(IV) (HB 26-1013)
- Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
Eviction notices in Colorado
Unpaid rent
For unpaid rent, serve a written 10-day demand to pay or leave before filing for eviction; it is 5 days for an exempt single-family lease, 3 days for employer-provided housing, and 30 days for CARES Act-covered properties (C.R.S. § 13-40-104(1)(d); § 38-12-1502). (C.R.S. § 13-40-104(1)(d), (5), C.R.S. § 38-12-1502 (HB 25-1240) - CARES Act notice for covered dwellings)
- In effect since .
- Before : 3-day demand for rent or possession (HB 19-1118 lengthened it to 10 days).
Lease violations
For a material lease violation, serve a 10-day written demand to comply or move out; a repeat of the same violation allows a 10-day notice to terminate with no cure, and a 'substantial violation' (serious crime or endangerment) allows a 3-day termination notice (C.R.S. §§ 13-40-104(1)(e), (e.5), 13-40-107.5). (C.R.S. § 13-40-104(1)(e), (1)(e.5), (1)(j), C.R.S. § 13-40-107.5(4))
- In effect since .
- Before : 3-day notice to comply or quit for lease violations (HB 19-1118 lengthened it to 10 days).
Colorado compared with neighbouring states
| State | Deposit cap | Deposit return | Late fee | Entry notice | Rent control |
|---|---|---|---|---|---|
| Colorado | 2 months' rentC.R.S. § 38-12-102.5, C.R.S. § 38-12-106 (pet deposit and pet rent) | 30 days after the triggering eventC.R.S. § 38-12-103(1)(a), as amended by HB 25-1249 (2025 Colo. Sess. Laws ch. 401), C.R.S. § 38-12-103 (pre-2026 text) | Greater of $50 or 5% of the past-due rent payment; grace: 7 daysC.R.S. § 38-12-105(1)(b), C.R.S. § 38-12-105(1)(a) | No state ruleC.R.S. § 38-12-503(6)(a)(III), (6)(b), C.R.S. § 38-12-1004(1) | None; cities barred from adopting itC.R.S. § 38-12-301 |
| Kansas | 1 month's rent (with exceptions) | 30 days after move-out | No state cap; grace: no state grace period | No fixed number of hours | None; cities barred from adopting it |
| Nebraska | 1 month's rent (with exceptions) | 14 days after the lease ends | No state cap; grace: no state grace period | 24 hours' notice | None; cities barred from adopting it |
| New Mexico | 1 month's rent (with exceptions) | 30 days after move-out | Statutory formula; grace: no state grace period | 24 hours' notice | None; cities barred from adopting it |
| Oklahoma | No state cap | 45 days after the tenant's written request | Reasonableness (case law); grace: no state grace period | 24 hours' notice | None; cities barred from adopting it |
| Utah | No state cap | 30 days after move-out | Statutory formula; grace: no state grace period | 24 hours' notice | None; cities barred from adopting it |
| Wyoming | No state cap | 30 days after the lease ends | No state cap; grace: no state grace period | No state rule | No statewide rent control |
Writing a Colorado lease
The Colorado residential lease agreement page turns these rules into a one-page table and a disclosure checklist. MakeLease generates a customizable lease; add these Colorado disclosures and terms.
Create a Colorado leaseLandlord-tenant law in other states
- Colorado late fee law
- Colorado landlord entry notice rules
- Colorado rent increase rules
- Colorado eviction notice rules
Free Colorado landlord forms
Official Colorado sources
- Colorado Revised Statutes (official access page, Colorado General Assembly)
- C.R.S. Title 38 (2024 uncertified printout, Office of Legislative Legal Services)
- Office of Legislative Legal Services, Colorado Law Summary: Renters' Rights (Nov. 2024)
- Colorado Judicial Branch form JDF 99 A, Demand for Compliance (residential eviction, rev. Sept. 4, 2025)