Colorado Landlord-Tenant Laws: A Plain-English Guide

Before the lease: screening, the deposit and the advertised price

Screening

Colorado bans housing discrimination based on source of income, which covers vouchers and other lawful income. Set one written income standard and apply it to every applicant the same way. Under the Fair Credit Reporting Act you need written consent before running a report and an adverse action notice if you turn someone down because of it. On criminal records, use no blanket bans and look at what the conviction was and how long ago it happened. HUD withdrew its 2016 guidance in 2025, but the Fair Housing Act still applies.

The deposit

The cap is two months’ rent (C.R.S. § 38-12-102.5, in force since August 7, 2023). On $1,900 rent, that’s $3,800 at most. Since January 1, 2026, HB25-1249 treats the deposit as the tenant’s money that you hold as a fiduciary. In practice: keep clean records, take dated move-in photos, and don’t mix the deposit into your operating cash.

The price you advertise

HB25-1090, also effective January 1, 2026, requires listings to show a single total monthly price that includes every mandatory fee. If you charge $1,850 rent plus a required $45 trash fee, the ad says $1,895. The law also bans many fees outright, including processing fees when no free payment option exists, and limits how you raise fees later.

During the tenancy

Rent increases

There is no statewide rent cap, and local rent control is preempted (C.R.S. § 38-12-301). You can set rent at the market, but HB25-1090’s limits on fee increases apply, so don’t try to make up ground by adding new monthly charges mid-lease.

Late fees

Late fees can’t exceed the greater of $50 or 5% of past-due rent, and can’t be charged until rent is at least 7 days late (C.R.S. § 38-12-105). On $1,600 rent, 5% is $80, so $80 is your ceiling. One fee per late payment, no late fees on non-rent charges, and no eviction for unpaid late fees alone.

Entry and repairs

No statute sets an entry notice period, so put one in your lease and follow it. Denver, Boulder and other cities require rental licenses and inspections, which means your repair standards get checked by someone other than the tenant.

Ending the tenancy

Notices

Unpaid rent starts with a 10-day demand for compliance or possession. Most lease violations also get 10 days to cure; a substantial violation such as certain criminal activity can justify a 3-day notice to quit. The rules for violations are detailed, so confirm the correct notice with the court or an attorney before you serve one.

For month-to-month tenancies that are exempt from HB24-1098, C.R.S. § 13-40-107 sets 21 days’ notice for a tenancy of 1 to 6 months, 28 days for 6 to 12 months, and 91 days for a year or more. For covered tenants past their first 12 months, you need a for-cause ground or a listed no-fault ground with 90 days’ written notice.

Move-out and the deposit refund

Return the deposit within 30 days, or the longer period in your lease (60 days maximum), with an itemized statement (C.R.S. §§ 38-12-102.5, 38-12-103 as amended by HB25-1249). No deductions for normal wear and tear or pre-existing damage. If the tenant asks for documentation, you have 14 days to send photos, invoices or receipts. Getting this wrong can mean treble damages plus attorney fees.

Eviction overview

Serve the 10-day demand on a compliant form (JDF 99A is the standard one), then file a Complaint in Forcible Entry and Detainer (JDF 101) and Summons (JDF 102) in county court. The tenant must be served at least 7 days before the return date. If the tenant doesn’t answer, you can get a default; otherwise the court sets a trial. A writ of restitution generally can’t issue until 10 days after judgment; that wait came from recent legislation, so confirm the current rule in C.R.S. § 13-40-122 with the court. Uncontested cases take about 3-6 weeks, and county court filing runs roughly $97-$135 plus service; check your county’s current fee.

What’s different in Colorado

• For-cause eviction. HB24-1098 ended no-cause non-renewals after a tenant’s first year, with 90 days’ notice for no-fault grounds and exemptions for some owner-occupied small buildings.
• Deposits as tenant property. HB25-1249 made you a fiduciary, banned charges for pre-existing damage and set a 14-day deadline to produce documentation on request.
• All-in pricing and a junk-fee ban. HB25-1090 requires one total monthly price in ads and bans many common fees.
• A hard late-fee formula. $50 or 5%, whichever is greater, only after 7 days (HB21-1121).
• Local licensing and new enforcers. Denver, Boulder and others license rentals, and SB25-020 lets the Attorney General and local governments enforce landlord-tenant law directly.