Colorado

Colorado Landlord Tenant Key Rules

Official Colorado Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	2x monthly rent Colo. Rev. Stat. § 38-12-102.5
Security Deposit Interest:	No statute
Separate Security Deposit Bank Account:	No state-wide statute. Local ordinances may impose specific requirements.
Non-refundable fees:	No statute. Check rental agreement for any specifications.
Pet Deposits and Additional Fees:	$300 maximum pet deposit (separate from security deposit.) $35 or 1.5% monthly fee maximum. Colo. Rev. Stat. § 38-12-106
Deadline for Returning Security Deposit:	1 Month. Not to exceed 60 days Colo. Rev. Stat. § 38-12-103
Permitted Uses of the Deposit:	Default rent, repairs beyond normal wear and tear, cleaning, abandonment of premises. Colo. Rev. Stat. § 38-12-103(1)
Security Deposit can be Withheld:	Yes Colo. Rev. Stat. § 38-12-103(1)
Require Written Description/Itemized List of Damages and Charges:	Yes Colo. Rev. Stat. § 38-12-103(1)
Receipt of Security Deposit:	No statute
Record Keeping of Deposit Withholdings:	Yes Colo. Rev. Stat. § 38-12-103(1)
Failure to Comply:	If landlord does not comply then they forfeit the right to withhold the security deposit. A landlord may also be liable for triple the amount of the deposit plus attorney & court costs. Colo. Rev. Stat. § 38-12-103(3)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	No statute. Check rental agreement for any specifications.
Payment Methods:	No statute. Check rental agreement for any specifications.
Rent Increase Notice:	Yes. 21-day notice required for tenancies over 1 month and less than 6 months. All other circumstances require 60-day notice. Colo. Rev. Stat. § 38-12-701
Late Fees:	$50 or 5% of rent maximum after rent is 7 days late. Colo. Rev. Stat. § 38-12-105
Application Fees:	Not allowed unless the landlord uses the fee amount to cover application processing cost. Colo. Rev. Stat. § 38-12-903
Prepaid Rent:	2x monthly rent Colo. Rev. Stat. § 38-12-102.5
Returned Check Fees:	Fees vary depending on situation. Please refer to statute Colo. Rev. Stat. § 13-21-109
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Yes Colo. Rev. Stat. § 38-12-507
Tenant Allowed to Repair and Deduct Rent:	Yes. The tenant must provide a 10-day notice with the intent of repairs. Colo. Rev. Stat. § 38-12-507(c)(I)(a)
Self-Help Evictions:	Not allowed. However, if the removal is consistent with article 18.5 of title 25 or the property seems to be abandoned then yes. Colo. Rev. Stat. § 38-12-510
Landlord Allowed to Recover Court and Attorney’s Fees:	Yes, but only if it is stated in the lease agreement. Colo. Rev. Stat. § 13-40-123
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	91-day notice is required for lease terms of 1 year+.  Colo. Rev. Stat. § 13-40-107(2)(a)
Notice to Terminate a Periodic Lease – Week-to-week:	3-day notice is required for 1 week or longer but less than 1 month. If less than 1 week then 1-day notice required. Colo. Rev. Stat. § 13-40-107(2)(d)(e)
Notice to Terminate a Periodic Lease – Month-to-Month:	21-day notice is required for tenancies of 1 month or longer but less than 6 months. Colo. Rev. Stat. § 13-40-107(2)(c)
Notice to Terminate Lease due to Sale of Property:	No statute
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	No specific statute about non-payment but a notice to terminate tenancy in general is required. Refer to Colo. Rev. Stat. § 13-40-107
Notice for Lease Violation:	10-day notice required or 3-day notice for exempt residential agreements. Colo. Rev. Stat. § 13-40-104
Required Notice before Entry:	No statute but common practice is to give 24-hour notice minimum.
Entry Allowed with Notice for Maintenance and Repairs:	48-hour notice required Colo. Rev. Stat. § 38-12-1004
Emergency Entry Allowed without Notice:	No statute but usually no notice is required for emergencies.
Entry Allowed During Tenant’s Extended Absence:	Yes. If a landlord hasn’t heard of a tenant in 30 days it is considered abandonement. Colo. Rev. Stat. § 38-20-116
Entry Allowed with Notice for Showing the Property:	48-hour notice required Colo. Rev. Stat. § 38-12-1004
Notice to Tenants for Pesticide Use:	48-hour notice required Colo. Rev. Stat. § 38-12-1004
Lockouts Allowed:	No Colo. Rev. Stat. § 38-12-510
Utility Shut-offs Allowed:	No Colo. Rev. Stat. § 38-12-510
Electronic Notices Allowed:	No statute

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the person authorized to manage the premises. (Colo. Rev. Stat. § 38-12-801)
• Copy of the Lease: Tenant must receive a copy of the signed lease. (Standard practice)
• Domestic Violence Situations: Victims may terminate the lease with written notice and documentation. (Colo. Rev. Stat. § 38-12-402)

Duties

Landlord’s Duties

• Compliance: Must comply with local building, housing, and health codes. (C.R.S. § 38-12-505)
• Repairs: Maintain the premises in a condition that is fit for human habitation. (C.R.S. § 38-12-505)
• Common Areas: Keep in a clean and safe condition. (C.R.S. § 38-12-505)
• Maintenance: Ensure all plumbing, heating, and electrical systems are functional. (C.R.S. § 38-12-505)
• Garbage: Provide adequate garbage receptacles and removal service. (C.R.S. § 38-12-505)

Tenant’s Duties

• Cleanliness: Keep premises clean and safe. (C.R.S. § 38-12-503)
• Trash: Dispose of waste properly. (C.R.S. § 38-12-503)
• Plumbing: Keep fixtures clean. (C.R.S. § 38-12-503)
• Appliances: Use appliances reasonably. (C.R.S. § 38-12-503)
• Damage: Do not damage or allow others to damage property. (C.R.S. § 38-12-503)
• Quiet Enjoyment: Avoid disturbing neighbors. (C.R.S. § 38-12-503)
• Subleasing: Only if allowed in lease or with written permission. (C.R.S. § 38-12-503)
• Retaliation: Landlords may not retaliate for complaints or union involvement. (C.R.S. § 38-12-509)
• Lead Disclosure: Federal requirement.