Landlord Guide to Renting in Colorado

Colorado permits both written and oral lease agreements. However, leases for a term of one year or longer must be in writing to be enforceable under the Statute of Frauds (C.R.S. § 38-10-108). Written leases should specify the rent amount, due date, term, pet policies, and maintenance responsibilities.

• Leases of one year or longer must be in writing
• Month-to-month tenancies are created when no fixed term is specified or a lease expires without renewal
• Landlords must provide tenants with a copy of the signed lease agreement
• Lease clauses that waive a tenant's legal rights under C.R.S. § 38-12-105 are void and unenforceable

Colorado does not impose a statutory maximum on security deposits. However, landlords must return the deposit within 60 days after tenancy termination unless the lease specifies a shorter period (up to 60 days maximum; C.R.S. § 38-12-103). The deposit may be held in any account; there is no requirement to hold it in a separate or interest-bearing account.

• No statutory cap on security deposit amounts
• Return deadline: 60 days unless the lease specifies a shorter period (C.R.S. § 38-12-103)
• No requirement for a separate or interest-bearing account
• An itemized written statement of deductions must accompany any withholding

Colorado landlords must provide several disclosures before or at the beginning of a tenancy. These include information about the landlord's authorized agent, the condition of the property, and federal lead-based paint disclosures for pre-1978 homes.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Name and address of the landlord or authorized agent for service of process
• Notice of tenant rights document (required under HB 24-1098)
• Disclosure of any known meth contamination (C.R.S. § 25-18.5-103)

Rent is due on the date stated in the lease. Colorado law (C.R.S. § 38-12-105(3)) prohibits late fees from exceeding the greater of $50 or 5% of the monthly rent. Landlords must provide a 7-day grace period before charging late fees on residential tenancies.

• Late fees capped at the greater of $50 or 5% of monthly rent (C.R.S. § 38-12-105(3))
• A 7-day grace period is required before late fees may be assessed
• Landlords may not charge fees for paying rent by a particular method (e.g., requiring electronic payment)
• Returned check fees may be assessed up to $25 (C.R.S. § 13-21-109)

Landlords must maintain the premises in a condition fit for habitation and comply with applicable building and housing codes (C.R.S. § 38-12-505). This warranty of habitability cannot be waived. Tenants must notify landlords of needed repairs in writing, and landlords have a reasonable time to address them.

• Maintain the unit in a habitable condition per the warranty of habitability (C.R.S. § 38-12-505)
• Comply with all applicable building, housing, and health codes
• Provide functioning plumbing, heating, electrical systems, and hot water
• If repairs are not made within a reasonable time, tenants may pursue remedies under C.R.S. § 38-12-507

Colorado does not have a specific statute dictating landlord entry notice requirements. However, courts generally require reasonable notice (typically 24 hours) and entry at reasonable times for repairs, inspections, or to show the property. Emergency entry is permitted without notice.

• No specific statutory notice period — 24 hours' notice is the common standard
• Entry must occur at reasonable times for lawful purposes
• No notice required in genuine emergencies
• Lease agreements should spell out entry notice terms to avoid disputes

Colorado does not have statewide rent control, and no municipality may enact rent control ordinances (C.R.S. § 38-12-301). Landlords may raise rent by any amount at the end of a lease term. For month-to-month tenancies, landlords must generally provide at least 21 days' written notice before the increase takes effect.

• No state rent control — municipalities are preempted from enacting local rent control (C.R.S. § 38-12-301)
• Rent increases on month-to-month tenancies require at least 21 days' written notice
• Increases cannot be retaliatory or discriminatory

Notice requirements in Colorado depend on the type of tenancy. Fixed-term leases end at the expiration of the term without requiring notice unless the lease provides otherwise.

• Month-to-month tenancy: 21 days' written notice (C.R.S. § 13-40-107)
• Week-to-week tenancy: 7 days' written notice
• Fixed-term lease: no notice required unless stated in the lease
• Nonpayment of rent: 10 days' written notice to pay or vacate (C.R.S. § 13-40-104(1)(d))

Colorado evictions are handled through a Forcible Entry and Detainer (FED) action filed in county court. The landlord must serve the applicable notice before filing. For nonpayment, the tenant has 10 days to pay or vacate. For substantial lease violations, the tenant may be given a notice to cure or a demand for possession.

• Serve the required notice (10 days for nonpayment, 10 days for curable violations)
• File a Forcible Entry and Detainer complaint in county court if the tenant does not comply
• The court will schedule a hearing, typically within 7–14 days of filing
• If the court rules for the landlord, a writ of restitution is issued to the sheriff

Under C.R.S. § 38-12-103, landlords must return the security deposit within 60 days after the tenant vacates (or within 72 hours for certain emergency situations involving hazardous conditions). Deductions may be made for unpaid rent, damages beyond normal wear and tear, and cleaning costs. A written itemized statement must accompany any amount withheld.

• Return deadline: 60 days after the tenancy ends and the tenant vacates (C.R.S. § 38-12-103)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, cleaning costs
• An itemized written statement of deductions is required
• Failure to return the deposit or provide itemization may result in treble damages (three times the deposit amount)