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    Colorado Residential Lease Agreement

    Colorado limits security deposits to 2 months' rent, and requires its return within 30 days after the triggering event.

    Create a Colorado leaseFree to create, no card needed; an account is needed to save or e-sign.

    MakeLease generates a customizable lease; add these Colorado disclosures and terms.

    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).

    Colorado lease rules at a glance

    Key Colorado rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap2 months' rentC.R.S. § 38-12-102.5, C.R.S. § 38-12-106 (pet deposit and pet rent)
    Deposit return deadline30 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)
    Late feesGreater of $50 or 5% of the past-due rent payment · grace period: 7 daysC.R.S. § 38-12-105(1)(b), C.R.S. § 38-12-105(1)(a)
    Landlord entry noticeNo state ruleC.R.S. § 38-12-503(6)(a)(III), (6)(b), C.R.S. § 38-12-1004(1)
    Ending a month-to-month lease21 days (either side)C.R.S. § 13-40-107(1)-(2), C.R.S. §§ 38-12-1302, 38-12-1303 (for-cause eviction, HB 24-1098)
    Rent increase notice60 days (60 days' written notice applies to residential tenancies with no written agreement. With a written lease, follow the lease (no statutory minimum). Rent may rise only once in any 12-month period of consecutive occupancy for all residential tenancies. Mobile home parks have separate rules)C.R.S. § 38-12-701(2), C.R.S. § 38-12-702(1)
    Rent controlNone; cities barred from adopting itC.R.S. § 38-12-301
    Eviction notice for unpaid rent10 days (10-day demand for payment or possession (JDF 99 A Demand for Compliance))C.R.S. § 13-40-104(1)(d), (5), C.R.S. § 38-12-1502 (HB 25-1240) - CARES Act notice for covered dwellings

    Colorado lease disclosures checklist

    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 agreementC.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 unitsC.R.S. § 38-12-801(2.5)
    • Copy of the signed lease to the tenant within 7 days (paper if requested) — Every written rental agreementC.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 leaseC.R.S. § 38-12-803
    • Late fee terms must be written in the rental agreement to be charged — If the landlord charges late feesC.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, 2026C.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 197842 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

    MakeLease generates a customizable lease; add these Colorado disclosures and terms.

    Before you sign in Colorado

    How the Colorado deposit rule changed
    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. C.R.S. § 38-12-102.5, C.R.S. § 38-12-106 (pet deposit and pet rent)
    • In effect since .
    • Before : No statutory cap on the security deposit amount.
    If a deposit is withheld wrongly
    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.
    Deductions from the deposit
    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 the deposit
    Colorado law does not require landlords to pay interest on security deposits. (C.R.S. tit. 38, art. 12, pt. 1 (silent on interest))
    Rent control and increases
    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)

    No statewide rent control. Counties and municipalities may not enact rent control on private residential property, except voluntary agreements or deed restrictions with a permit applicant or owner.

    • In effect since .
    If rent goes unpaid
    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).

    Colorado lease FAQs

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

    Landlords may not require a security deposit greater than two months' rent (C.R.S. § 38-12-102.5).

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

    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)).

    Is there a limit on late fees in Colorado?

    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)). Do not charge a late fee until rent is at least seven calendar days late (C.R.S. § 38-12-105(1)(a)).

    How much notice must a Colorado landlord give before entering a rental?

    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)).

    How much notice ends 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)).

    What disclosures does a Colorado lease need?

    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). The list covers Name and address of the landlord or authorized agent in the written lease (update within one business day of a change), Statement that C.R.S. § 24-34-502(1) prohibits source-of-income discrimination, Copy of the signed lease to the tenant within 7 days (paper if requested), Radon disclosure: CDPHE warning statement, known test results and mitigation information, and the CDPHE radon brochure, signed by the tenant, Late fee terms must be written in the rental agreement to be charged, 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), Clear and conspicuous disclosure of the utility allocation method and Lead-based paint disclosure and EPA pamphlet.

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