Colorado Landlord-Tenant Law

At a Glance

Security Deposits

Colorado recently enacted significant changes to its security deposit laws. As of 2025, House Bill 24-1322 limits security deposits to two months' rent, replacing the previous framework which had no statutory maximum.

Landlords must return the deposit within 30 days of the tenant vacating the unit, unless the lease specifies a longer period (up to 60 days). In cases where the rental unit is deemed uninhabitable due to a hazard (such as gas leak, flood, or fire), the deposit must be returned within 72 hours.

The return must include an itemized statement of any deductions.

cite: Colo. Rev. Stat. § 38-12-103

Eviction Procedures

Colorado requires landlords to follow judicial eviction procedures. Self-help evictions are illegal. Recent legislation has strengthened tenant protections during the eviction process.

Notice Requirements

• 10-Day Notice: For nonpayment of rent (increased from 3 days as of 2023). The tenant has 10 days to pay or vacate
• 10-Day Notice: For material lease violations that are correctable. The tenant has 10 days to cure the violation
• 3-Day Notice: For substantial violations that pose an imminent threat to health or safety, or for repeat violations
• 21-Day Notice: For termination of a month-to-month tenancy (increased from 7 days for landlord-initiated terminations as of 2023)

Eviction Process

After the notice period expires, the landlord must file a Forcible Entry and Detainer (FED) action in county court. Colorado provides tenants with the right to cure nonpayment up until the court hearing. Only a court order can result in the physical removal of a tenant by the sheriff.

cite: Colo. Rev. Stat. § 13-40-104

Rent Control

Colorado does not currently have statewide rent control. The state's previous preemption law prohibiting local rent control was repealed in 2019, meaning municipalities are theoretically free to enact their own rent control measures. However, as of the last update, no Colorado city or county has enacted a rent control ordinance.

For month-to-month tenancies, landlords must provide 60 days' written notice before a rent increase takes effect (as updated by recent legislation).

cite: Colo. Rev. Stat. § 38-12-104

Lease Agreements

Colorado follows the Statute of Frauds, which requires leases longer than one year to be in writing. Oral agreements are valid for shorter-term leases but are not recommended.

Required Disclosures

Colorado landlords must provide the following disclosures:

• Lead-based paint (pre-1978 properties)
• Name and address of landlord or agent: The person authorized to manage the property and receive notices
• Bed bugs: Disclosure of any known bed bug infestations within the last 8 months
• Radon: Disclosure of known radon hazards (Colorado has high radon levels in many areas)
• Methamphetamine contamination: Whether the property was previously used as a meth lab and the remediation status
• Green disclosures: Information about the property's energy efficiency and utility costs, if available
• Warranty of habitability: Tenants must be informed of their rights under Colorado's warranty of habitability

cite: Colo. Rev. Stat. § 38-12-801

Tenant Rights

Colorado provides the following protections for tenants, with several recent legislative enhancements:

• Habitability: Landlords must maintain rental units in a condition fit for human habitation, including working plumbing, heating, electricity, hot water, weather protection, and compliance with building codes. Colorado's warranty of habitability was significantly strengthened in 2019
• Retaliation protection: Landlords cannot retaliate against tenants who exercise legal rights, report code violations, or file complaints. Retaliatory actions within 12 months of a protected activity may be presumed retaliatory
• Discrimination protection: Colorado Anti-Discrimination Act prohibits discrimination based on race, color, creed, religion, sex, sexual orientation (including transgender status), national origin, ancestry, familial status, disability, and source of income
• Right to privacy: While Colorado does not have a specific statutory notice period for landlord entry, reasonable notice is required under general legal principles. One day's notice is the commonly recommended standard
• Repair and deduct: Tenants may withhold rent or make repairs and deduct the cost from rent if the landlord fails to address habitability issues after written notice
• Right to counsel: Some Colorado jurisdictions have enacted right-to-counsel programs providing free legal representation to tenants facing eviction

cite: Colo. Rev. Stat. § 38-12-503