Colorado

Rental Lease Laws Overview

In Colorado, there is no rent control, allowing landlords to freely increase rent without notice. There are limits on late fees, which must be outlined in the rental agreement. A grace period is provided before late fees can be charged. Additionally, a license is required for landlords only in Denver. Landlords typically use a rental application to screen prospective tenants before signing a lease.

Required Lease Disclosures

Colorado law mandates specific disclosures in lease agreements, including:

• Radon Disclosure: Landlords must inform tenants about any exposure to dangerous levels of radon.
• Lead-Paint Disclosure: Required for rental properties built before 1978.
• Carbon Monoxide Alarm Compliance: Required for housing units that include fuel-fired appliances.

Security Deposit

The regulations regarding security deposits in Colorado are as follows:

• Maximum Amount: There is no statutory limit on the maximum amount a landlord may request.
• Receipts: Not specified by law.
• Interest Payments: Not required.
• Bank Account: Not required, except for mobile home park residents, whose deposits must be held in a separate trust account.
• Returning Requirements: Landlords must return a tenant’s security deposit within one month of lease termination, with a maximum of 60 days if previously agreed upon.
• Withholding Rules: Landlords may retain part of the security deposit for damages beyond normal wear and tear, unpaid rent, or outstanding utility bills.

Rent Payments

Rent payments in Colorado are typically due at the beginning of the month, usually on the first. There is no rent control, allowing landlords to increase rent without notice. Landlords may charge a late fee of $50 or 5% of unpaid rent, whichever is greater, and a seven-day grace period applies before late fees can be assessed. If landlords fail to address uninhabitable conditions after being notified, tenants may deduct repair costs from their rent.

Landlord Right of Entry

Landlords in Colorado are not legally required to inform tenants before entering the property, but a 24 to 48-hour notice is recommended. If the lease does not specify conditions for entry, tenants have exclusive control and are not obligated to grant access, except in emergencies.

Property Repairs

Landlords are responsible for addressing repair issues within a reasonable timeframe. Tenants can provide written notice of needed repairs, and landlords have 24 hours to respond. Tenants are entitled to habitable living conditions and timely repairs, and they must keep the property clean and safe. They can perform minor repairs as needed. A rental property is considered abandoned if the tenant returns keys, provides notice, removes belongings, or is absent without paying rent. Landlords may reclaim abandoned property without legal proceedings.

Terminating a Lease

For month-to-month tenancies in Colorado, either party can terminate the lease with a 21-day notice. Personal belongings left in a rental unit for 30 days without tenant contact are deemed abandoned, and landlords must provide a 15-day written notice before disposing of abandoned belongings.

Statutes

• Colo. Rev. Stat. § 38-12-102.5 – Security deposits – maximum amount
• Colo. Rev. Stat. § 38-12-103 – Return of security deposit
• Colo. Rev. Stat. § 38-12-103(1) – Return of security deposit
• Colo. Rev. Stat. § 38-12-103(2) – Return of security deposit
• Colo. Rev. Stat. § 38 – 12
• Colo. Rev. Stat. § 38-12-104 – Return of security deposit – hazardous condition – gas appliance
• Colo. Rev. Stat. § 38-12-105 – Late fees charged to tenants and mobile home owners – maximum late fee amounts – prohibited acts – penalties – period to cure violations – remedies – unfair or deceptive trade practice
• Colo. Rev. Stat. § 38-12-106 – Security deposits – limitation on pet security deposit and rent – definition
• C.R.S. 38-12-507 – Breach of warranty of habitability – tenant’s remedies
• C.R.S. 38-12-507-2 – Breach of warranty of habitability – tenant’s remedies
• C.R.S. 38-20-116 – Abandoned property – notice of sale – definitions
• C.R.S. 13-40-107-4 – Notice to terminate tenancy
• C.R.S. 13-40-107-1a – Notice to terminate tenancy
• C.R.S. 13-40-107-1b – Notice to terminate tenancy
• C.R.S. 13-40-107-1c – Notice to terminate tenancy
• C.R.S. 13-40-107-1d – Notice to terminate tenancy
• C.R.S. 13-40-107-1e – Notice to terminate tenancy
• C.R.S. 13-40-107.5-c – Termination of tenancy for substantial violation – definition – legislative declaration
• C.R.S. 13-40-104 – Unlawful detention defined – definitions
• C.R.S. 13-40-104-1d – Unlawful detention defined – definitions
• C.R.S. 13-40-104-e.5 – Unlawful detention defined – definitions
• C.R.S. 38-12-510 – Unlawful removal or exclusion
• C.R.S. 38-12-505 – Uninhabitable residential premises – habitability procedures – rules – definition
• C.R.S. 38-12-402-1 – Protection for victims of unlawful sexual behavior, stalking, or domestic violence
• C.R.S. 38-12-402-2 – Protection for victims of unlawful sexual behavior, stalking, or domestic violence
• C.R.S. 38-12-509 – Prohibition on retaliation
• C.R.S. 13-6-403 – Jurisdiction of small claims court – limitations
• C.R.S. 13-6-403-2c – Jurisdiction of small claims court – limitations
• Colo. Rev. Stat. § 38-12-701 – Notice of rent increase
• Colo. Rev. Stat. § 38-12-903 – Rental application fee – limitations
• Colo. Rev. Stat. § 13-21-109 – Recovery of damages for checks, drafts, or orders not paid upon presentment
• Colo. Rev. Stat. § 13-40-123 – Damages
• Colo. Rev. Stat. § 38-12-1004 – Bed bugs – access to dwelling unit and personal belongings – notice – costs