Colorado landlord-tenant law.

Security deposits

Deposit limit. No statutory dollar or month cap; landlords may set any deposit amount agreed to in the lease. Colorado law regulates timely return and permissible deductions rather than the amount collected (C.R.S. § 38-12-103).

Getting it back. Must be returned within 1 month (30 days) after lease termination or surrender, whichever is later, unless the lease specifies a longer period up to 60 days. Effective January 1, 2026, HB25-1249 added detailed rules: no deduction for normal wear and tear or preexisting damage, landlords must supply supporting documentation within 14 days of a tenant request, specific limits on charging for carpet or paint, and a rebuttable bad faith presumption when a landlord retains 125% or more of actual cost. Willful wrongful withholding remains subject to treble damages plus attorney fees and costs (C.R.S. § 38-12-103, as amended by HB25-1249).

Late fees and rent

Capped at the greater of $50 or 5% of the overdue rent payment; no fee may be charged until rent is at least 7 calendar days late, the fee must be disclosed in the written rental agreement in advance, no interest may be charged on the fee, and written notice of the fee must be given within 180 days of the missed payment (SB21-173, codified at C.R.S. § 38-12-105, effective October 1, 2021).

Ending a tenancy

Nonpayment of rent. 10 days' written demand to pay or vacate is required for most residential nonpayment before a forcible entry and detainer (eviction) action can be filed; shorter 3 or 5 day periods apply only to certain nonresidential or exempt/employer-provided housing arrangements (C.R.S. § 13-40-104(1)(d)).

Month-to-month termination. Notice is tiered by length of occupancy rather than a flat period: 1 day if under 1 week, 3 days if 1 week to 1 month, 21 days if 1 to 6 months, 28 days if 6 months to 1 year, and 91 days if 1 year or more (C.R.S. § 13-40-107).

Landlord entry

Colorado has no general statewide statute setting a specific advance notice period for routine, non-emergency landlord entry into an occupied unit, unlike California's 24 hour rule; this is genuinely not fixed by statute and is left to the lease and reasonable conduct, separate from the unlawful removal or exclusion (self-help eviction) protections in C.R.S. § 38-12-510.

Required disclosures

• Federal lead-based paint disclosure and EPA pamphlet for units built before 1978 (42 U.S.C. § 4852d)
• Late fee terms must be disclosed in the written rental agreement before any late fee can be charged (C.R.S. § 38-12-105(2))
• Gas utility hazard notice: if a utility notifies of a hazardous gas condition, the landlord has 72 hours to repair or the tenant may vacate and is owed the deposit back within 72 hours (C.R.S. § 38-12-104)

Lease clauses that do not hold up

• Any clause waiving or modifying the implied warranty of habitability is void as against public policy (C.R.S. § 38-12-503)
• Non-refundable deposits, deposits mislabeled as fees, or clauses waiving the tenant's statutory refund and itemization rights (C.R.S. § 38-12-103, as amended by HB25-1249)
• Charging the tenant for normal wear and tear or for damage and conditions that preexisted the tenancy (C.R.S. § 38-12-103)
• Retaliatory terms: a landlord may not raise rent, cut services, or terminate in response to a good faith habitability complaint or a tenant joining a tenants' association (C.R.S. § 38-12-509)

Notes for landlords

Colorado has no rent increase cap at all for ordinary market rate leases, a sharp contrast to California; only a narrow voluntary affordable housing carve out exists. The security deposit statute changed substantially on January 1, 2026 under HB25-1249, so any lease template, deduction policy, or move out checklist written before that date needs review. Late fees are hard capped by statute at the greater of $50 or 5% with a mandatory 7 day grace period, so a landlord's fee schedule should be checked against this cap directly rather than assumed reasonable as in California.

Sources

• https://colorado.public.law/statutes/crs_38-12-103
• https://colorado.public.law/statutes/crs_38-12-105
• https://colorado.public.law/statutes/crs_38-12-301
• https://colorado.public.law/statutes/crs_13-40-104
• https://colorado.public.law/statutes/crs_13-40-107
• https://colorado.public.law/statutes/crs_38-12-503
• https://colorado.public.law/statutes/crs_38-12-509
• https://colorado.public.law/statutes/crs_38-12-104
• https://www.ottenjohnson.com/news/changes-to-the-colorado-security-deposit-statute-to-take-effect-january-1-2026/
• https://www.robinsonandhenry.com/blog/real-estate/security-deposit-laws/
• http://leg.colorado.gov/bills/hb21-1117